Rule2022-08210
List of Fisheries for 2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 19, 2022
Effective
May 19, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2022, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2022 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan (TRP) requirements.
Full Text
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<title>Federal Register, Volume 87 Issue 75 (Tuesday, April 19, 2022)</title>
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[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Rules and Regulations]
[Pages 23122-23148]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08210]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 220412-0093]
RIN 0648-BK40
List of Fisheries for 2022
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its
final List of Fisheries (LOF) for 2022, as required by the Marine
Mammal Protection Act (MMPA). The LOF for 2022 reflects new information
on interactions between commercial fisheries and marine mammals. NMFS
must classify each commercial fishery on the LOF into one of three
categories under the MMPA based upon the level of mortality and serious
injury of marine mammals that occurs incidental to each fishery. The
classification of a fishery on the LOF determines whether participants
in that fishery are subject to certain provisions of the MMPA, such as
registration, observer coverage, and take reduction plan (TRP)
requirements.
DATES: The effective date of this final rule is May 19, 2022.
ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division,
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected
Resources, 301-427-8402; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson,
West Coast Region, 206-526-4740; Suzie Teerlink, Alaska Region, 907-
586-7240; Diana Kramer, Pacific Islands Region, 808-725-5167.
Individuals who use a telecommunications device for the hearing
impaired may call the Federal Information Relay Service at 1-800-877-
8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
What is the List of Fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of three categories based on the level of incidental
mortality and serious injury of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements. NMFS must
reexamine the LOF annually, considering new information in the Marine
Mammal Stock Assessment Reports (SARs) and other relevant sources, and
publish in the Federal Register any necessary changes to the LOF after
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).
How does NMFS determine in which category a fishery is placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population. This
[[Page 23123]]
definition can also be found in the implementing regulations for
section 118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the cumulative fishery mortality and
serious injury for a particular stock. If the total annual mortality
and serious injury of a marine mammal stock, across all fisheries, is
less than or equal to 10 percent of the PBR level of the stock, all
fisheries interacting with the stock will be placed in Category III
(unless those fisheries interact with other stock(s) for which total
annual mortality and serious injury is greater than 10 percent of PBR).
Otherwise, these fisheries are subject to the next tier (Tier 2) of
analysis to determine their classification.
Tier 2: Tier 2 considers fishery-specific mortality and serious
injury for a particular stock.
Category I: Annual mortality and serious injury of a stock in a
given fishery is greater than or equal to 50 percent of the PBR level
(i.e., frequent incidental mortality and serious injury of marine
mammals).
Category II: Annual mortality and serious injury of a stock in a
given fishery is greater than 1 percent and less than 50 percent of the
PBR level (i.e., occasional incidental mortality and serious injury of
marine mammals).
Category III: Annual mortality and serious injury of a stock in a
given fishery is less than or equal to 1 percent of the PBR level
(i.e., a remote likelihood of or no known incidental mortality and
serious injury of marine mammals).
Additional details regarding how the categories were determined are
provided in the preamble to the final rule implementing section 118 of
the MMPA (60 FR 45086; August 30, 1995).
Because fisheries are classified on a per-stock basis, a fishery
may qualify as one category for one marine mammal stock and another
category for a different marine mammal stock. A fishery is typically
classified on the LOF at its highest level of classification (e.g., a
fishery qualifying for Category III for one marine mammal stock and for
Category II for another marine mammal stock will be listed under
Category II). Stocks driving a fishery's classification are denoted
with a superscript ``1'' in Tables 1 and 2.
Other Criteria That May Be Considered
The tier analysis requires a minimum amount of data, and NMFS does
not have sufficient data to perform a tier analysis on certain
fisheries. Therefore, NMFS has classified certain fisheries by analogy
to other fisheries that use similar fishing techniques or gear that are
known to cause mortality or serious injury of marine mammals, or
according to factors discussed in the final LOF for 1996 (60 FR 67063;
December 28, 1995) and listed in the regulatory definition of a
Category II fishery. In the absence of reliable information indicating
the frequency of incidental mortality and serious injury of marine
mammals by a commercial fishery, NMFS will determine whether the
incidental mortality or serious injury is ``occasional'' by evaluating
other factors such as fishing techniques, gear used, methods used to
deter marine mammals, target species, seasons and areas fished,
qualitative data from logbooks or fishermen reports, stranding data,
and the species and distribution of marine mammals in the area, or at
the discretion of the Assistant Administrator for Fisheries (50 CFR
229.2).
Further, eligible commercial fisheries not specifically identified
on the LOF are deemed to be Category II fisheries until the next LOF is
published (50 CFR 229.2).
How does NMFS determine which species or stocks are included as
incidentally killed or injured in a fishery?
The LOF includes a list of marine mammal species and/or stocks
incidentally killed or injured in each commercial fishery. The list of
species and/or stocks incidentally killed or injured includes
``serious'' and ``non-serious'' documented injuries as described later
in the List of Species and/or Stocks Incidentally Killed or Injured in
the Pacific Ocean and List of Species and/or Stocks Incidentally Killed
or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean
sections. To determine which species or stocks are included as
incidentally killed or injured in a fishery, NMFS annually reviews the
information presented in the current SARs and injury determination
reports. SARs are brief reports summarizing the status of each stock of
marine mammals occurring in waters under U.S. jurisdiction, including
information on the identity and geographic range of the stock,
population statistics related to abundance, trend, and annual
productivity, notable habitat concerns, and estimates of human-caused
mortality and serious injury (M/SI) by source. The SARs are based upon
the best available scientific information and provide the most current
and inclusive information on each stock's PBR level and level of
interaction with commercial fishing operations. The best available
scientific information used in the SARs and reviewed for the 2022 LOF
generally summarizes data from 2014-2018. NMFS also reviews other
sources of new information, including injury determination reports,
bycatch estimation reports, observer data, logbook data, stranding
data, disentanglement network data, fishermen self-reports (i.e., MMPA
mortality/injury reports), and anecdotal reports from that time period.
In some cases, more recent information may be available and used in the
LOF.
For fisheries with observer coverage, species or stocks are
generally removed from the list of marine mammal species and/or stocks
incidentally killed or injured if no interactions are documented in the
5-year timeframe summarized in that year's LOF. For fisheries with no
observer coverage and for observed fisheries with evidence indicating
that undocumented interactions may be occurring (e.g., fishery has low
observer coverage and stranding network data include evidence of
fisheries interactions that cannot be attributed to a specific fishery)
species and stocks may be retained for longer than 5 years. For these
fisheries, NMFS will review the other sources of information listed
above and use its discretion to decide when it is appropriate to remove
a species or stock.
Where does NMFS obtain information on the level of observer coverage in
a fishery on the LOF?
The best available information on the level of observer coverage
and the spatial and temporal distribution of observed marine mammal
interactions is presented in the SARs. Data obtained from the observer
program and observer coverage levels are important tools in estimating
the level of marine mammal mortality and serious injury in commercial
fishing operations. Starting with the 2005 SARs, each Pacific and
Alaska SAR includes an appendix with detailed descriptions of each
Category I and II fishery on the LOF, including the observer coverage
in those fisheries. For Atlantic fisheries, this information can be
found in the LOF Fishery Fact Sheets. The SARs do not provide detailed
information on observer coverage in Category III fisheries because,
under the MMPA, Category III fisheries are not required to accommodate
observers aboard vessels due to the remote likelihood of mortality and
serious injury of marine mammals. Fishery information presented in the
SARs' appendices and other resources referenced during the tier
analysis may include: Level of observer coverage; target species;
levels
[[Page 23124]]
of fishing effort; spatial and temporal distribution of fishing effort;
characteristics of fishing gear and operations; management and
regulations; and interactions with marine mammals. Copies of the SARs
are available on the NMFS Office of Protected Resources website at:
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region</a>. Information on observer
coverage levels in Category I, II, and III fisheries can be found in
the fishery fact sheets on the NMFS Office of Protected Resources'
website: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables">https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables</a>. Additional information on
observer programs in commercial fisheries can be found on the NMFS
National Observer Program's website: <a href="https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program">https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program</a>.
How do I find out if a specific fishery is in Category I, II, or III?
The LOF includes three tables that list all U.S. commercial
fisheries by Category. Table 1 lists all of the commercial fisheries in
the Pacific Ocean (including Alaska); Table 2 lists all of the
commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean; and Table 3 lists all U.S. authorized commercial fisheries
on the high seas. A fourth table, Table 4, lists all commercial
fisheries managed under applicable TRPs or take reduction teams (TRT).
Are high seas fisheries included on the LOF?
Beginning with the 2009 LOF, NMFS includes high seas fisheries in
Table 3 of the LOF, along with the number of valid High Seas Fishing
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues
HSFCA permits only for high seas fisheries analyzed in accordance with
the National Environmental Policy Act (NEPA) and the Endangered Species
Act (ESA). The authorized high seas fisheries are broad in scope and
encompass multiple specific fisheries identified by gear type. For the
purposes of the LOF, the high seas fisheries are subdivided based on
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to
provide more detail on composition of effort within these fisheries.
Many fisheries operate in both U.S. waters and on the high seas,
creating some overlap between the fisheries listed in Tables 1 and 2
and those in Table 3. In these cases, the high seas component of the
fishery is not considered a separate fishery, but an extension of a
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS
designates those fisheries in Tables 1, 2, and 3 with an asterisk (*)
after the fishery's name. The number of HSFCA permits listed in Table 3
for the high seas components of these fisheries operating in U.S.
waters does not necessarily represent additional effort that is not
accounted for in Tables 1 and 2. Many vessels/participants holding
HSFCA permits also fish within U.S. waters and are included in the
number of vessels and participants operating within those fisheries in
Tables 1 and 2.
HSFCA permits are valid for 5 years, during which time Fishery
Management Plans (FMPs) can change. Therefore, some vessels/
participants may possess valid HSFCA permits without the ability to
fish under the permit because it was issued for a gear type that is no
longer authorized under the most current FMP. For this reason, the
number of HSFCA permits displayed in Table 3 is likely higher than the
actual U.S. fishing effort on the high seas. For more information on
how NMFS classifies high seas fisheries on the LOF, see the preamble
text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional
information about HSFCA permits can be found at <a href="https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits">https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits</a>.
Where can I find specific information on fisheries listed on the LOF?
Starting with the 2010 LOF, NMFS developed summary documents, or
fishery fact sheets, for each Category I and II fishery on the LOF.
These fishery fact sheets provide the full history of each Category I
and II fishery, including: When the fishery was added to the LOF; the
basis for the fishery's initial classification; classification changes
to the fishery; changes to the list of species and/or stocks
incidentally killed or injured in the fishery; fishery gear and methods
used; observer coverage levels; fishery management and regulation; and
applicable TRPs or TRTs, if any. These fishery fact sheets are updated
after each final LOF and can be found under ``How Do I Find Out if a
Specific Fishery is in Category I, II, or III?'' on the NMFS Office of
Protected Resources' website: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries</a>,
linked to the ``List of Fisheries Summary'' table. NMFS is developing
similar fishery fact sheets for each Category III fishery on the LOF.
However, due to the large number of Category III fisheries on the LOF
and the lack of accessible and detailed information on many of these
fisheries, the development of these fishery fact sheets is taking
significant time to complete. NMFS began posting Category III fishery
fact sheets online with the LOF for 2016.
Am I required to register under the MMPA?
Owners of vessels or gear engaging in a Category I or II fishery
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50
CFR 229.4, to register with NMFS and obtain a marine mammal
authorization to lawfully take non-endangered and non-threatened marine
mammals incidental to commercial fishing operations. Owners of vessels
or gear engaged in a Category III fishery are not required to register
with NMFS or obtain a marine mammal authorization.
How do I register, renew and receive my Marine Mammal Authorization
Program authorization certificate?
NMFS has integrated the MMPA registration process, implemented
through the Marine Mammal Authorization Program (MMAP), with existing
state and Federal fishery license, registration, or permit systems for
Category I and II fisheries on the LOF. Participants in these fisheries
are automatically registered under the MMAP and are not required to
submit registration or renewal materials.
In the Pacific Islands, West Coast, and Alaska regions, NMFS will
issue vessel or gear owners an authorization certificate via U.S. mail
or with their state or Federal license or permit at the time of
issuance or renewal. In the Greater Atlantic and Southeast Regions,
NMFS will issue vessel or gear owners an authorization certificate via
U.S. mail automatically at the beginning of each calendar year.
Vessel or gear owners who participate in fisheries in these regions
and have not received authorization certificates by the beginning of
the calendar year, or with renewed fishing licenses, must contact the
appropriate NMFS Regional Office (see FOR FURTHER INFORMATION CONTACT).
Authorization certificates may also be obtained by visiting the MMAP
website <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate</a>.
The authorization certificate, or a copy, must be on board the
vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the
fishing operation (50 CFR 229.4(e)). Although efforts are made to
[[Page 23125]]
limit the issuance of authorization certificates to only those vessel
or gear owners that participate in Category I or II fisheries, not all
state and Federal license or permit systems distinguish between
fisheries as classified by the LOF. Therefore, some vessel or gear
owners in Category III fisheries may receive authorization certificates
even though they are not required for Category III fisheries.
Individuals fishing in Category I and II fisheries for which no
state or Federal license or permit is required must register with NMFS
by contacting their appropriate Regional Office (see ADDRESSES).
In recognition of logistical challenges with certificate issuance
related to the ongoing COVID-19 pandemic, the MMAP certificate issued
in 2020 remains in effect, valid through December 31, 2022, for vessel
or gear owners participating in all Category I and II fisheries as of
the final 2022 LOF. 2020 certificates may be retained or replacements
downloaded from <a href="https://go.usa.gov/xArUW">https://go.usa.gov/xArUW</a>.
Am I required to submit reports when I kill or injure a marine mammal
during the course of commercial fishing operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator, or gear owner or operator (in the case of
non-vessel fisheries), participating in a fishery listed on the LOF
must report to NMFS all incidental mortalities and injuries of marine
mammals that occur during commercial fishing operations, regardless of
the category in which the fishery is placed (I, II, or III) within 48
hours of the end of the fishing trip or, in the case of non-vessel
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a
wound or other physical harm. In addition, any animal that ingests
fishing gear or any animal that is released with fishing gear
entangling, trailing, or perforating any part of the body is considered
injured, regardless of the presence of any wound or other evidence of
injury, and must be reported.
Mortality/injury reporting forms and instructions for submitting
forms to NMFS can be found at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations</a> or by contacting the appropriate regional office (see FOR
FURTHER INFORMATION CONTACT). Forms may be submitted via any of the
following means: (1) Online using the electronic form; (2) emailed as
an attachment to <a href="/cdn-cgi/l/email-protection#9ff1f2f9ecb1f2f6edfaeff0edebdff1f0fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="1d73707b6e3370746f786d726f695d73727c7c337a726b">[email protected]</span></a>; (3) faxed to the NMFS Office
of Protected Resources at 301-713-0376; or (4) mailed to the NMFS
Office of Protected Resources (mailing address is provided on the
postage-paid form that can be printed from the web address listed
above). Reporting requirements and procedures are found in 50 CFR
229.6.
Am I required to take an observer aboard my vessel?
Individuals participating in a Category I or II fishery are
required to accommodate an observer aboard their vessel(s) upon request
from NMFS. MMPA section 118 states that the Secretary is not required
to place an observer on a vessel if the facilities for quartering an
observer or performing observer functions are so inadequate or unsafe
that the health or safety of the observer or the safe operation of the
vessel would be jeopardized; thereby authorizing the exemption of
vessels too small to safely accommodate an observer from this
requirement. However, U.S. Atlantic Ocean, Caribbean, or Gulf of Mexico
large pelagics longline vessels operating in special areas designated
by the Pelagic Longline Take Reduction Plan implementing regulations
(50 CFR 229.36(d)) will not be exempted from observer requirements,
regardless of their size. Observer requirements are found in 50 CFR
229.7.
Am I required to comply with any marine mammal TRP regulations?
Table 4 provides a list of fisheries affected by TRPs and TRTs. TRP
regulations are found at 50 CFR 229.30 through 229.37. A description of
each TRT and copies of each TRP can be found at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams</a>. It is the responsibility of fishery
participants to comply with applicable take reduction regulations.
Where can I find more information about the LOF and the MMAP?
Information regarding the LOF and the MMAP, including registration
procedures and forms; current and past LOFs; descriptions of each
Category I and II fishery and some Category III fisheries; observer
requirements; and marine mammal mortality/injury reporting forms and
submittal procedures; may be obtained at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries</a>, or from any NMFS Regional Office at the
addresses listed below:
NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930-2298, Attn: Allison Rosner;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701, Attn: Jessica Powell;
NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd.,
Suite 4200, Long Beach, CA 90802-4213, Attn: Dan Lawson;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West
9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or
NMFS, Pacific Islands Regional Office, Protected Resources
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn:
Diana Kramer.
Sources of Information Reviewed for the 2022 LOF
NMFS reviewed the marine mammal incidental mortality and serious
injury information presented in the SARs for all fisheries to determine
whether changes in fishery classification are warranted. The SARs are
based on the best scientific information available at the time of
preparation, including the level of mortality and serious injury of
marine mammals that occurs incidental to commercial fishery operations
and the PBR levels of marine mammal stocks. The information contained
in the SARs is reviewed by regional Scientific Review Groups (SRGs)
representing Alaska, the Pacific (including Hawaii), and the U.S.
Atlantic, Gulf of Mexico, and Caribbean. The SRGs were established by
the MMPA to review the science that informs the SARs, and to advise
NMFS on marine mammal population status, trends, and stock structure,
uncertainties in the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including
marine mammal stranding and entanglement data, observer program data,
fishermen self-reports, reports to the SRGs, conference papers, FMPs,
and ESA documents.
The LOF for 2022 was based on, among other things, stranding data;
fishermen self-reports; and SARs, primarily the 2020 SARs, which are
based on data from 2014-2018. The SARs referenced in this LOF include:
2018 (84 FR 28489; June 19, 2019), 2019 (84 FR 65353; November 27,
2019), and 2020 (86 FR 38991; July 23, 2021). The SARs are available
at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/
marine-
[[Page 23126]]
mammal-stock-assessment-reports-region.
Comments and Responses
NMFS received eight comment letters on the proposed LOF for 2022
(86 FR 43491; August 9, 2021). Comments were received from a member of
the public; Center for Biological Diversity (CBD); Maine Department of
Marine Resources (ME DMR), Maine Lobstermen's Association (MLA); Marine
Mammal Commission (Commission); Massachusetts Lobstermen's Association;
New England Aquarium; and a joint letter from Conservation Law
Foundation, CBD, Defenders of Wildlife, and Whale and Dolphin
Conservation (CLF et al.). Responses to substantive comments are below.
Comments on actions not related to the LOF are not included.
General Comments
Comment 1: The New England Aquarium recommends NMFS classify
aquaculture operations on the LOF by gear, similar to how capture
fisheries are included on the LOF. They note that shellfish aquaculture
includes a range of operations from seed collection lines to grow-out
systems. All aquaculture operations and their associated gear have
varying degrees of risk to marine mammals and should be considered
separately on the LOF.
Response: NMFS thanks the commenter for providing this information
on various aquaculture operations. NMFS will review the information
provided and consider it in future LOFs. For fishery classification
changes related to aquaculture on the LOF, NMFS would provide notice
and the opportunity for public comment.
Comment 2: The New England Aquarium recommends that NMFS classify
by analogy aquaculture operations that use gear with static lines in
the water. They state that these operations are similar to gear used in
fixed-gear fisheries known to result in the M/SI of North Atlantic
right whales. They also note that NMFS has classified several fisheries
as Category II by analogy that have no documented marine mammal M/SI.
Therefore, the New England Aquarium requests NMFS classify aquaculture
operations with static lines that are analogous to Category I and II
fixed-gear fisheries as Category II fisheries on the LOF.
Response: NMFS has classified fisheries by analogy on the LOF that
use similar fishing techniques or gear that are known to cause M/SI of
marine mammals. Fishery classification by analogy was discussed in the
final LOF for 1996 (60 FR 67063; December 28, 1995), and the factors
for classifying by analogy are listed in the regulatory definition of a
``Category II fishery'' in 50 CFR 229.2. NMFS will review the
information provided by the New England Aquarium and consider it in a
future LOF. For fishery classification changes related to aquaculture
on the LOF, NMFS would provide notice and the opportunity for public
comment.
Comments on Commercial Fisheries in the Pacific Ocean
Comment 3: CBD recommends NMFS reclassify the Category III AK
Bering Sea, Aleutian Islands (BSAI) sablefish pot fishery as Category
II fishery. They note that NMFS proposed to add the North Pacific stock
of sperm whale to the list of species/stocks incidentally killed or
injured based on the 2018 observed mortality. PBR for this stock is
0.5, and the annual estimated M/SI for the AK BSAI sablefish pot
fishery is 0.2. This fishery should be reclassified as a Category II
fishery.
Response: NMFS evaluated the 2018 sperm whale mortality in the
Category III AK BSAI sablefish pot fishery and retains the Category III
classification for this fishery. The Nmin is for only a small portion
of the stock's range and does not account for females and juveniles in
tropical and subtropical waters, so the calculated PBR is not a
reliable index for the entire stock.
Furthermore, incidental take of sperm whales in fisheries is
generally associated with sperm whales depredating from fishing gear.
Depredation occurs less often with pot gear, which has been a major
factor in sablefish fishers switching from longline to pot fishing.
NMFS will continue to closely monitor the M/SI of this stock in the
Category III AK BSAI sablefish pot fishery and other fisheries.
Comment 4: The Commission recommends that NMFS retain several
species/stocks on the LOF that were proposed to be removed from the
list of species/stocks incidentally killed or injured in fisheries in
Tables 1, 2 and 3. They state that list of species/stocks is intended
to identify all species and stocks that are known to have been
incidentally killed or injured in a fishery, and data from more than
the most recent 5-year time period should be used. The Commission
continues to note that the list should not just be limited to species
or stocks with observed M/SI, since observers are unable to detect all
marine mammal mortalities and injuries. The Commissions recommends NMFS
retain on the following species and stocks LOF:
<bullet> Five stocks in the Category I HI deep-set longline
fishery: (1) Pelagic stock of bottlenose dolphin, (2) Hawaii stock of
Kogia spp., (3) Hawaii stock of pygmy killer whale, (4) Hawaii stock of
Risso's dolphin and (5) Hawaii stock of striped dolphin.
<bullet> Six stocks in the Category II HI shallow-set longline
fishery: (1) Hawaii stock of Blainville's beaked whale, (2) Hawaii
pelagic stock of bottlenose dolphin, (3) Central North Pacific stock of
humpback whale, (4) Hawaii stock of Risso's dolphin, (5) Hawaii stock
of rough-toothed dolphin and (6) Hawaii stock of striped dolphin.
<bullet> Six stocks in the Category II AK Bering Sea, Aleutian
Islands pollock trawl fishery: (1) Alaska stock of bearded seal, (2),
Bristol Bay stock of beluga whale, (3) Eastern Bering Sea stock of
beluga whale, (4) Eastern Chukchi Sea stock of beluga whale, (5)
Eastern Pacific stock of Northern fur seal and (6) Alaska stock of
spotted seal.
<bullet> Alaska resident stock of killer whale in the Category III
AK Bering Sea, Aleutian Islands Greenland turbot longline fishery.
<bullet> Alaska stock of spotted seal in the Category III AK Bering
Sea, Aleutian Islands Pacific cod longline fishery.
<bullet> Alaska stock of bearded seal in the Category III AK Bering
Sea, Aleutian Islands Atka mackerel trawl fishery.
<bullet> Both the Gulf of Alaska, Aleutian Islands, Bering Sea
transient stock and Eastern North Pacific Alaska resident stock of
killer in the Category III AK Bering Sea, Aleutian Islands rockfish
trawl fishery.
<bullet> North Pacific stock of Northern elephant in the Category
III AK Gulf of Alaska flatfish trawl fishery.
<bullet> Alaska stock of harbor seal in the Category III AK Gulf of
Alaska Pacific cod trawl fishery.
<bullet> Three stocks in the Category III AK Gulf of Alaska pollock
trawl fishery: (1) Alaska stock of Dall's porpoise, (2) Northeast
Pacific stock of fin whale and (3) North Pacific stock of Northern
elephant seal.
<bullet> Gulf of Alaska stock of harbor seal in the Category III AK
Gulf of Alaska Pacific cod pot fishery.
<bullet> Northeast Pacific stock of fin whale in the Category III
AK Gulf of Alaska groundfish jig fishery.
<bullet> Central North Pacific stock of humpback whale and Hawaii
stock of pygmy killer whale in the Category I Western Pacific Pelagic
longline fishery (HI deep-set component).
<bullet> Three stocks in the Category II Western Pacific Pelagic
longline fishery (HI shallow-set component): (1) Hawaii stock of
Blainville's beaked whale, (2) unknown stock of Mesoplodon species,
[[Page 23127]]
and (3) Hawaii stock of rough-toothed dolphin.
Response: For fisheries with observer coverage, species or stocks
are generally removed from the list of marine mammal species and/or
stocks incidentally killed or injured if no mortalities or injuries are
documented in the 5-year timeframe summarized in that year's LOF. For
fisheries with no observer coverage and for observed fisheries with
evidence indicating that undocumented mortalities or injuries may be
occurring (e.g., fishery has low observer coverage and stranding
network data include evidence of fisheries interactions that cannot be
attributed to a specific fishery) species and stocks may be retained
for longer than 5 years. For these fisheries, NMFS reviews the other
sources of information to determine when it is appropriate to remove a
species or stock.
NMFS disagrees with the Commission's recommendation to retain
species/stocks in the Alaska fisheries noted above. All the named
Alaska fisheries except for the AK Gulf of Alaska groundfish jig
fishery are observed. As proposed in the 2022 LOF (86 FR 43491; August
9, 2021), NMFS removes the species/stocks from the list of species/
stocks incidentally killed or injured in each Alaska fishery noted in
the above comment by the Commission.
The Hawaii shallow-set and deep-set longline fisheries are observed
with 100 percent and 20 percent observer coverage, respectively.
Therefore, unless evidence suggested additional M/SI, NMFS removes
species with no documented mortality or injuries in the 5-year
timeframe considered for the 2022 LOF.
NMFS disagrees with the Commission and removes the following
species/stocks from the list of species/stocks incidentally killed or
injured in fisheries noted below.
NMFS removes the Hawaii stock of pygmy killer whale from the list
of species/stocks incidentally killed or injured in the Category I HI
deep-set longline fishery and Category I Western Pacific Pelagic (HI
deep-set component) fishery, as no reported or observed mortalities or
injuries have occurred since 2013.
NMFS removes the Hawaii stocks of Blainville's beaked whale and
rough-toothed dolphin from the list of species/stocks incidentally
killed or injured in the Category II HI shallow-set longline fishery
and Category II Western Pacific Pelagic (HI shallow-set component)
fishery. The shallow-set longline fishery is observed at 100 percent,
and there have been no observed M/SI either species since 2011
(Blainville's beaked whale) and 2013 (rough-toothed dolphin).
NMFS also removes the unknown stock of Mesoplodon species from the
list of species/stocks incidentally killed or injured in the Category
II Western Pacific Pelagic (HI shallow-set component) fishery. There
have been no observed M/SI of this stock since 2013.
NMFS agrees with the Commission's recommendations and retains the
following the species/stocks on the list of species/stocks incidentally
killed or injured in fisheries noted below.
NMFS retains the following four stocks on the list of species/
stocks incidentally killed or injured in the Category I HI deep-set
longline fishery: (1) Pelagic stock of bottlenose dolphin, (2) Hawaii
stock of Kogia spp., (3) Hawaii stock of Risso's dolphin and (4) Hawaii
stock of striped dolphin. These stocks are included on the list of
species and/or stocks killed or injured in the high seas component
(Category I Western Pacific Pelagic (HI deep-set component) fishery)
and are retained on Category I HI deep-set longline fishery.
NMFS also retains the Central North Pacific stock of humpback whale
on the list of species/stocks incidentally killed or injured in the
Category I Western Pacific Pelagic (HI deep-set component) fishery.
This stock is included on the list of species and/or stocks killed or
injured Category I HI deep-set longline fishery and therefore retained
in the high seas component (Category I Western Pacific Pelagic (HI
deep-set component) fishery).
NMFS retains four stocks on the list of species/stocks incidentally
killed or injured in the Category II HI shallow-set longline fishery:
(1) Hawaii pelagic stock of bottlenose dolphin, (2) Central North
Pacific stock of humpback whale, (3) Hawaii stock of Risso's dolphin
and (4) Hawaii stock of striped dolphin. These stocks are included on
the list of species and/or stocks killed or injured in the high seas
component (Category II Western Pacific Pelagic (HI shallow-set
component)) fishery and therefore retained on Category II HI shallow-
set longline fishery.
Comment 5: The New England Aquarium states that the LOF does not
include any marine mammal species/stocks in the list of species/stocks
incidentally killed or injured in the Category III Hawaii offshore pen
culture fishery. They note the 2020 Hawaiian monk seal SAR reports a
mortality in an offshore net pen in 2017. The New England Aquarium
recommends NMFS add Hawaiian monk seal to the list of species/stocks
incidentally killed or injured in the Category III Hawaii offshore pen
culture fishery based on this mortality.
Response: NMFS agrees with the New England Aquarium's comment. The
2020 SAR includes a Hawaiian monk seal mortality in an offshore net pen
in 2017 (Carretta et al., 2021). NMFS adds Hawaiian monk seal to the
list of species/stocks incidentally killed or injured in the Category
III HI offshore pen culture fishery.
Comment 6: CBD recommends that Hawaiian monk seals be added to the
list of species/stocks incidentally killed or injured in the following
Category III Hawaii nearshore gillnet and hook and line fisheries: (1)
HI inshore gillnet, (2) HI lift net, (3) HI inshore purse seine, (4) HI
throw net/cast net, (5) HI troll, (6) HI rod and reel, (7) HI kaka
line, (8) HI vertical line, (9) HI aku boat, pole and line, (10) HI
inshore handline and (11) HI pelagic handline. They note that the 2020
SAR includes an annual estimated average M/SI of 7.2 in Hawaii
nearshore fisheries and PBR is 4.8 seals. However, the LOF does not
include documented Hawaiian monk seal M/SI in the Hawaii nearshore
fisheries.
Response: In the 2020 SAR, although monk seals M/SI are identified
from nearshore fishing gear, including hook and line and net fishing
gear, this gear has not been identified as commercial fisheries gear.
It is unknown as to whether the gear is commercial, recreational, or
illegally set gear. In some cases of M/SI from entanglement in fishing
nets, the nets were identified or suspected to be illegally set nets,
and none have been specifically identified as commercial fishing nets.
Because cases of monk seal M/SI from hookings and entanglements in
nearshore fishing gear cannot be attributed to specific commercial
nearshore fisheries, Hawaiian monk seals are not included as species
incidentally killed or injured in these nearshore fisheries. Hawaiian
monk seals have been added to the list of species/stocks incidentally
killed or injured in the Category III HI offshore pen culture fishery.
Comment 7: The Commission restates a previous comment, recommending
NMFS reclassify the Category III Hawaii troll fishery as a Category II
fishery based on documented spotted dolphin hooking and entanglement
serious injuries. They note they disagree with NMFS' conclusion to not
reclassify the Category III Hawaii troll fishery on the 2021 LOF (86 FR
3028; January 14, 2021). The Commission considers the information
presented in Baird and Webster (2020), coupled with anecdotal reports
of dolphins being entangled or hooked in gear used in this fishery, to
be sufficient to reclassify the fishery.
[[Page 23128]]
The Commission recommends NMFS reclassify the Category III Hawaii troll
fishery as a Category II fishery, based on observations that troll
fishermen are intentionally setting hook and line gear in and around
groups of spotted dolphins as a means for targeting tuna, resulting in,
M/SI occurring at an occasional level. They continue to recommend that
if NMFS determines reclassification is not warranted, that NMFS
quantify the marine mammal M/SI in the Hawaii troll fishery through a
dedicated observer program or alternative monitoring such as electronic
monitoring or remote observers.
Response: This comment has been addressed previously (see 86 FR
3028; January 14, 2021). A fishery is classified as Category II when
the annual M/SI of a stock in the fishery is greater than 1 percent and
less than 50 percent of PBR. For the Hawaii stock complex of
pantropical spotted dolphins, as the Commission notes, Baird and
Webster 2020 documents troll fishing occurring in and around groups of
spotted dolphins, particularly around Hawaii Island. However, there are
no reliable estimates of how frequently this type of troll fishing
results in M/SI of spotted dolphins. Baird and Webster 2020 itself
notes major data gaps, including abundance estimates of the stocks, and
frequency of hookings and entanglements, which need to be addressed to
understand whether hooking and/or entanglements occur to the level that
warrant reclassification of the fishery.
The most recent SAR (2020) for the Hawaii stock complex of
pantropical spotted dolphins notes two cases of observed entanglements
of spotted dolphins in fishing line, but the responsible fishery is not
known in either case (Carretta et al., 2021). No M/SI estimates are
available for pantropical spotted dolphins.
In addition to the SAR, NMFS also considered other sources of data
in evaluating the Hawaii troll fishery on the annual LOF. Regardless of
classification of a particular fishery, all commercial fishers are
required to submit reports of any marine mammal mortality or injury
incidental to fishing operations through the marine mammal
authorization program mortality/injury reporting form. NMFS has
received no reports through this program of pantropical spotted
dolphins injured or killed in the Hawaii troll fishery. However,
recognizing that self-reporting may be limited, NMFS also considered
other sources of information. Baird 2016 discusses propeller injuries
of spotted dolphins, but the level and type of vessel causing such
injuries are not known. Baird 2016 also presents photos of at least one
spotted dolphin hooked with trailing fishing line, but the fishery and
frequency of such hookings and/or entanglements are unknown.
The Hawaii troll fishery is a state-managed fishery, and NMFS has
encouraged the State of Hawaii to implement additional commercial
fishing reporting and monitoring mechanisms for state-managed
fisheries. In addition, NMFS will consider the Commission's
recommendation to pursue quantitative means to evaluate mortality and
serious injury of pantropical spotted dolphins.
The information does not provide sufficient evidence to conclude
that spotted dolphins are being seriously injured or killed on an
``occasional basis'' as necessary for a Category II fishery
classification. Therefore, NMFS retains the Category III classification
of the Hawaii troll fishery.
Comment 8: CBD recommends that the newly proposed Category III WA/
OR/CA other groundfish pot fishery be classified as a Category II
fishery. CBD states that the fishing gear used by the newly proposed
fishery is known to entangle humpback whales in Alaska, Washington,
Oregon and California. CBD notes the proposed 2022 LOF states there has
been no marine mammal M/SI incidental to the newly proposed fishery.
However, there have been humpback whales entangled in the West Coast
groundfish fishery from 2002 to 2019. CBD recommends NMFS classify the
newly proposed WA/OR/CA other groundfish pot fishery as a Category II
fishery based on the same frequency of M/SI as the Category II WA/OR/CA
sablefish pot fishery.
Response: NMFS thanks CBD for the comment and does not finalize
adding the proposed Category III WA/OR/CA other groundfish pot fishery
on the 2022 LOF. In the 2022 LOF (86 FR 43491; August 9, 2021), NMFS
proposed adding the WA/OR/CA other groundfish pot fishery as a new
Category III fishery. As proposed, the new Category III fishery would
include pot fishing effort from the previously named Category III CA
nearshore finfish live trap/hook-and-line fishery (state fisheries) and
other groundfish pot fishing effort (federal fisheries separate from
the sablefish pot fishery). NMFS retains the previously named Category
III CA nearshore finfish trap fishery.
For the 2022 LOF, NMFS reviewed fishery data for all West Coast
fisheries including data from PacFIN. The data used in the analysis for
proposing the new WA/OR/CA other groundfish pot fishery included the
total landings of groundfish species in pot gear along the West Coast.
These data indicated that there were landings of groundfish species
other than sablefish with pot gear that were not associated with
landings of sablefish. However, the data did not identify the fishing
effort that led to these landings (e.g., whether the effort was
occurring within State nearshore fisheries, within federal fisheries,
or what species were targeted versus which species are incidentally
caught). Because the Pacific Coast Groundfish Fishery Management Plan
and associated regulations allow the targeting and landing of species
other than sablefish, in drafting the proposed 2022 LOF, NMFS
conservatively assumed at least some of the non-sablefish landings
could be effort occurring outside the state nearshore fisheries and
could be effort directly targeted groundfish species other than
sablefish.
Following publication of the proposed 2022 LOF, NMFS further
analyzed the data that were used to support the proposed WA/OR/CA other
groundfish pot fishery. After discussions with federal fishery managers
and scientists, NMFS identified that the analysis in the proposed 2022
LOF incorrectly stated that there are federal pot gear fisheries
targeting groundfish species other than sablefish. All pot gear fishing
effort in the West Coast federal groundfish fisheries is targeting
sablefish, and any landings of other groundfish species occurs
incidental to the fishing effort targeted at sablefish. There is no
fishing effort in the state nearshore fisheries directly targeting
sablefish with pot gear.
Therefore, there is no separate federal groundfish pot gear fishery
targeting species other than sablefish and the proposed WA/OR/CA other
groundfish pot fishery is duplicative of the fishing effort already
captured in the Category II WA/OR/CA sablefish pot fishery. Based on
this information, NMFS does not finalize adding the proposed Category
III WA/OR/CA other groundfish pot fishery on the 2022 LOF. NMFS will
continue to evaluate the existing data and consider all relevant
information for the West Coast groundfish pot gear fisheries in future
LOFs.
Comment 9: CBD recommends that the newly proposed Category III CA
other crab/shellfish pot fishery be classified as a Category II fishery
because of its similarity to the Dungeness crab and spiny lobster pot
fisheries. They note that even with partial observer coverage for the
fishery, most marine mammal entanglements on the West Coast cannot be
identified to
[[Page 23129]]
a specific fishery. The absence of a confirmed entanglement in this pot
gear is not sufficient to classify the CA other crab/shellfish pot
fishery as a Category III fishery.
Response: In the 2022 LOF (86 FR 43491; August 9, 2021), NMFS
proposed adding the CA other crab/shellfish pot fishery as a new
Category III fishery. Following publication of the proposed 2022 LOF,
NMFS re-examined the available data surrounding pot fishing effort for
crabs and other shellfish in California. NMFS identified that the only
pot fishery targeting crab/shellfish that was not included on the 2021
LOF was the Tanner crab fishery. As a result, NMFS modifies the name of
the new Category III fishery from the CA other crab/shellfish fishery
to the CA Tanner crab fishery in the final 2022 LOF.
NMFS recognizes that any line in the water presents a risk of
marine mammal entanglement. When classifying fisheries, in addition to
the general consideration of the risk of entanglements that could be
associated with almost any fishery that uses line, NMFS also relies
upon information gathered and confirmed through rigorous evaluation of
entanglement reports to identify the origins of entanglements as the
basis of classification of fixed gear fisheries on the LOF.
To date, the CA Tanner crab fishery has not been associated with or
implicated as being involved in the M/SI of any marine mammal species.
Although the permit and associated regulations outlined in the fishery
description (86 FR 43491; August 9, 2021) have been in place since
2006, the CA Tanner crab fishery is small, with very few participants
over its history. As described in the fishery description, the gear is
different and fished differently than other Category II CA/West Coast
pot fisheries. Unlike many other Category II state-managed fixed gear
fisheries, CA state fishery observers monitor this fishery. The gear is
also marked in ways that can help facilitate identification, if
involved in future entanglements. As a result, the available
information is sufficient to support classification of the CA Tanner
crab pot fishery as Category III fishery.
Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico,
and Caribbean
Comment 9: The Massachusetts Lobstermen's Association and Maine
Lobstermen's Association support removing the Massachusetts state
waters trap/pot fisheries from the broader Category I Northeast/Mid-
Atlantic American lobster trap/pot and Category II Atlantic mixed
species trap/pot fisheries and adding the new Category II MA mixed
species trap/pot fishery.
Response: NMFS thanks the Massachusetts Lobstermen's Association
and Maine Lobstermen's Association for their comments and has added the
new Category II MA mixed species trap/pot fishery.
Comment 10: Both the Commission and CLF et al. oppose both
separating out the Massachusetts state waters trap/pot fishery from the
broader Category I Northeast/Mid-Atlantic American lobster trap/pot and
the Category II Atlantic mixed species trap/pot fisheries and adding
the new Category II MA mixed species trap/pot fishery on the LOF. They
note that trap/pot fisheries in New England, including Massachusetts,
have documented M/SI of North Atlantic right whales, humpback whales
and minke whales. Both commenters cite that there is a lack of
available data to adequately determine if the state of Massachusetts
new fishery regulations will sufficiently reduce entanglement risk to
North Atlantic right whales. The Commission and CLF et al. recommend
NMFS retain the Massachusetts mixed species trap/pot fishery as part of
the broader Category I Northeast/Mid-Atlantic American lobster trap/pot
and the Category II Atlantic mixed species trap/pot fisheries until the
new management measures are determined to be effective in reducing M/
SI.
Response: As stated in the proposed rule (86 FR 43491; August 9,
2021), the state of Massachusetts has made significant changes to their
trap/pot regulations including gear modifications and changes to
seasonal closures that differentiate the Massachusetts state waters
trap/pot fishery from the Category I Northeast/Mid-Atlantic American
lobster trap/pot and Category II Atlantic mixed species trap/pot
fisheries. The new fishery determination is based on considering
several characteristics of the Massachusetts mixed species trap/pot
fishery as modified by these new state regulations, which will be
implemented for the 2022 fishing season including: (1) All commercial
trap fishermen in Massachusetts state waters will be required to fish
buoy lines that break when exposed to 1,700 pounds (771kg) of tension
through the use of weak rope or weak insertions at 60 ft (18 m)
intervals along the top 75 percent of the buoy line; (2) all commercial
trap fishermen will be required to fish buoy lines with a maximum
diameter of \3/8\ inch (9.5 mm); and (3) state-specific gear marks will
be required to be no more than 60 feet (18 m) apart on all vertical
lines, distinguishing the gear from other states that will use
different colors and fewer marks. Massachusetts is the only state to
require these gear modifications by regulation, creating a consistent
standard across the state's waters for all commercial trap/pot
fishermen and one that is visibly distinguishable from adjacent gear.
Along with required gear modifications, Massachusetts is
implementing extensive seasonal time/area closures that expand current
restricted areas in time and space to significantly reduce co-
occurrence of the fishery and North Atlantic right whales. As noted in
the proposed rule (86 FR 43491; August 9, 2021), these combined
management measures are supported by extensive monitoring of North
Atlantic right whale populations through state and Federal aerial
survey efforts over Massachusetts' waters and enhanced by additional
sighting and entanglement reporting.
To separate a Category I fishery into a new fishery due to new
regulatory measures, NMFS requires at a minimum that the new fishery
significantly reduce the risk of entanglement of the stock driving the
Category I classification, and that the new fishery requires gear marks
to distinguish the fishery from its former fishery on the LOF.
Massachusetts fulfills these threshold requirements. In addition, the
new fishery's classification and status as a separate fishery will be
reevaluated annually.
NMFS classifies the new Category II MA mixed species trap/pot
fishery based on the regulatory definition (50 CFR 229.2) of a Category
II fishery. As described above, this is a newly identified fishery and,
as a new fishery, there is no information on incidental mortality and
serious injury of marine mammals in this fishery as currently
prosecuted. Based on this absence of incidental mortality and serious
injury information, no marine mammal species/stocks are included on the
list of species/stocks incidentally killed or injured in Table 2 for
this new fishery. Species/stocks will be added to the list if
mortalities or injuries are documented in the fishery. Using the
information from the extensive monitoring programs in Massachusetts
state waters, NMFS will annually evaluate the classification of this
newly identified fishery for the LOF.
Comment 11: Both ME DMR and MLA comment that, based on the criteria
used for classifying the new Category II MA mixed species trap/pot
fishery, the Maine state waters lobster trap/pot fishery also meets the
definition of a new Category II fishery under the Atlantic Large Whale
Take Reduction Plan (ALWTRP) regulations. They state
[[Page 23130]]
that the Maine state waters trap/pot fishery should be separated out
from the broader Category I Northeast/Mid-Atlantic American lobster
trap/pot and classified as a separate and independent Category II
fishery. Both ME DMR and MLA cite the lack of attributed right whale
entanglements in the Maine lobster fishery in over fifteen years, the
implementation of additional risk reduction measures via the recent
final rule amending the ALWTRP, and the ability to differentiate gear
in Maine state waters area from the broader Category Northeast/Mid-
Atlantic American lobster trap/pot fishery.
Response: NMFS acknowledges that all lobster and Jonah crab trap/
pot fisheries are being required to implement regulatory measures to
reduce risk of entanglement to North Atlantic right whales under the
new ALWTRP regulations finalized in 2021 (86 FR 51970; September 17,
2021). However, the requirements implemented in Maine state waters are
not significantly different from other areas where the fishery exists.
Maine weak insertion requirements vary by Maine lobster management area
and are not unique to Maine state waters. For comparison, all trap/pot
fisheries in Massachusetts state waters are required to either use weak
rope in the top 75 percent of the buoy line or include weak inserts
every 60 feet within their buoy lines. Maine's gear modifications meet
the standards under the ALWTRP throughout federal Lobster Management
Area 1. Additionally, the gear marking for Maine state waters is not
exclusive to those areas given that dual federal and state lobster
permit holders are allowed to use federal marking when fishing in Maine
state waters; whereas, the gear modifications combined with markings
will allow for Massachusetts trap/pot gear to be identified
specifically for state waters.
As previously stated in the final LOF for 2020 (85 FR 21079; April
16, 2020) and 2021 (86 FR 3028; January 14, 2021), most mortalities
incidental to trap/pot fisheries are never observed, and Maine state
waters cannot be ruled out for several cases of the subset of
entanglements where gear has been recovered. Recovered gear has been
found with red tracers, indicative of the gear marking scheme that was
required for the ALWTRP Northern Inshore Trap/Pot fishery management
area, a management area that overlaps Maine, New Hampshire, and
Massachusetts state waters. For example, a case from 2011, previously
noted in our 2020 and 2021 LOF comment responses, also included
recovered gear with these red tracers, though the location of that
entanglement remains unknown (E11-11/RW 4040). Therefore, lobster trap/
pot fisheries in Maine state waters cannot be ruled out as the
potential origin for entanglements with undetermined origins. As stated
in the preamble of the 2022 proposed LOF (86 FR 43491; August 9, 2021),
``For fisheries with no observer coverage and for observed fisheries
with evidence indicating that undocumented interactions may be
occurring (e.g., fishery has low observer coverage and stranding
network data include evidence of fisheries interactions that cannot be
attributed to a specific fishery) species and stocks may be retained
for longer than 5 years. For these fisheries, NMFS will review the
other sources of information listed above and use its discretion to
decide when it is appropriate to remove a species or stock.'' In the
case of state-only Maine permitted lobster fisheries, given there is no
observer coverage to reference, NMFS retains species and stocks on the
list of species/stocks incidentally killed or injured in the fishery
outside of the 5-year summary time frame.
In the 2020 final LOF (85 FR 21079; April 16, 2020), NMFS noted
that whale sighting information from this area is limited in part due
to the lack of directed survey effort and that additional resources
were being allocated towards broader surveys to provide further insight
into the habitat use and distribution of these whales. While
information is limited at this time, sightings and new acoustic data
indicate that right whales are using these areas and that the risk of
entanglement exists.
Comment 12: A member of the public commented that NMFS based its
decision to add the new Category II MA mixed species trap/pot fishery
on inaccurate information provided by the Massachusetts Division of
Marine Fisheries in comments on the 2021 LOF (86 FR 3028; January 14,
2021). The commenter states the proposed new Category II fishery was
based on the state of Massachusetts proposed regulations for trap/pot
fisheries, several of which were not finalized, such as changes in the
geographic scope of the closed area, banning the use of singles traps
on commercial vessels greater 29 feet in length and shortening the haul
out periods for recreational fishers.
Response: As described in the 2022 proposed rule (86 FR 43491;
August 9, 2021), on January 28, 2021, the Massachusetts Marine
Fisheries Advisory Commission approved several new regulatory measures
affecting protected species and fixed gear fishing in Massachusetts.
The suite of regulations include gear modifications and changes to
seasonal closures that differentiate the Massachusetts trap/pot fishery
from the Category I Northeast/Mid-Atlantic American lobster trap/pot
and Category II Atlantic mixed species trap/pot fisheries. The
Massachusetts Division of Marine Fisheries has begun implementing these
regulations, as described above in response to Comment #10, and all
measures will be in place for the 2022 fishing season. Based on these
new regulations, the Massachusetts Division of Marine Fisheries
commented on the 2021 LOF and asked NMFS to consider separating out the
trap/pot fixed gear fishery operating in Massachusetts state waters
from the Northeast/Mid-Atlantic American lobster trap/pot and Atlantic
mixed species trap/pot fisheries. In the 2021 LOF final rule (86 FR
3028; January 14, 2021), NMFS agreed to reevaluate the fishery in the
2022 LOF. NMFS determined that these gear modifications and time/area
restrictions sufficiently differentiate the risk posed by the
Massachusetts mixed species trap/pot fishery from the surrounding trap/
pot fisheries, warranting a separate fishery on the LOF.
Comment 13: A member of the public commented that NMFS' proposed
new Category II MA mixed species trap/pot fishery conflicts with the
statutory definition of a fishery under the MMPA. The commenter states
that the MMPA incorporates the definition of fishery as it is defined
in the Magnuson Stevens Fishery Conservation and Management Act (MSA),
noting the management of endangered species under the MMPA should occur
by fishery as defined under MSA (e.g. fisheries managed by the various
species they target) not by how a fishery may protect marine mammals.
Therefore, the MMPA prohibits separating out a part of the MSA managed
lobster fishery on the LOF.
Response: NMFS disagrees. As stated in the 1995 proposed LOF (60 FR
31668, 16 June 1995): NMFS defined fisheries by gear type, geographical
area, and target species, in accordance with existing state or Federal
management designations. However, for some fisheries this information
is only partially available or unavailable. In the proposed LOF, NMFS
suggested that fisheries could be partitioned as necessary to reflect
concentrations of marine mammals in certain areas within a fishery, or
at certain times of the year in order to address management actions.
Gear type (e.g., mesh size) could also be used to define a fishery to
allow flexibility. The proposed LOF would define fisheries based on
state or
[[Page 23131]]
Federal management designations where these designations exist and
where practicable. As stated in the 1994 LOF (59 FR 45263; September 1,
1994), NMFS bases fishery definitions on the location of the fishery,
the gear type used, and sometimes the target fish species. A fishery
may be grouped with other fisheries if the general location and gear
type are similar and if the rates of incidental marine mammal M/SI are
known or similar. For instance, the U.S. mid-Atlantic coastal gillnet
fishery in the 1994 LOF is composed of many small fisheries that target
different fish species seasonally but use the same general type or
gear, fish in the same general location, and have similar incidental M/
SI. When additional information on either incidental M/SI or on the
fishery are available, fisheries may be grouped together or split apart
in order to better manage the incidental M/SI in those fisheries. New
fisheries were defined based on general location, gear type, and, when
applicable, target species.
Comment 14: A member of the public states that separating the
Massachusetts trap/pot fisheries from the Category I Northeast/Mid-
Atlantic American lobster trap/pot and Category II Atlantic mixed
species trap/pot fisheries is inconsistent with NMFS June 2020
negligible impact policy statement. The commenter notes NMFS 2020
policy states that fisheries should not be redefined or split on the
LOF solely for purposes of making a negligible impact determination
under the MMPA.
Response: On June 17, 2020, NMFS finalized Procedure 02-204-02
(Criteria for Determining Negligible Impact under MMPA section
101(a)(5)(E)) (NMFS 2020). Determining negligible impact under the MMPA
is separate from the annual LOF process. As noted in our proposed 2022
LOF rule (86 FR 43491; August 9, 2021) and responses to comments above,
NMFS has determined that, in order for a trap/pot fishery to be
separated from the Category I fishery and designated as a new fishery,
at a minimum the new fishery significantly reduces the risk of
entanglement of the stock driving the Category I classification and the
new fishery requires gear marks to distinguish the fishery from its
former fishery on the LOF. Massachusetts fulfills these threshold
requirements.
Comment 15: A member of the public states that there is no
scientific evidence to show that the regulatory changes to the
Massachusetts trap/pot fishery will reduce the risk to North Atlantic
right whales. The commenter asserts there was no scientific basis for
the conclusion in the proposed rule because (1) public hearings were
not conducted for the proposed rule, and (2) there is no evidence to
show the Massachusetts regulations will reduce North Atlantic right
whale M/SI.
Response: As stated in the proposed rule (86 FR 43491; August 9,
2021) and reiterated in the responses to comments above about
separating this fishery, NMFS considers the suite of changes to the
fishery gear and operation to be significant enough to distinguish it
from other trap/pot fisheries (in particular, see response to Comment
#11). NMFS will continue to evaluate information received from the
extensive monitoring programs in Massachusetts state waters, as well as
throughout the range of North Atlantic right whales, to annually
evaluate the classification of this newly identified fishery for the
LOF.
Summary of Changes From the Proposed Rule
In this final rule, NMFS adds the CA Tanner crab pot fishery as a
Category III fishery. This fishery was proposed in the 2022 LOF (86 FR
43491; August 9, 2021) as the Category III CA other crab/shellfish pot
fishery. Based on public comment, NMFS modified the name of this new
fishery to the CA Tanner crab pot fishery, as it is the only crab/
shellfish pot fishery that is not currently named on the LOF. There is
currently one participant in this fishery.
In this final rule, NMFS does not add the WA/OR/CA other groundfish
pot fishery as a new Category III fishery as proposed. Upon further
review, NMFS concludes that there is no separate federal groundfish pot
gear fishery targeting species other than sablefish, and the proposed
WA/OR/CA other groundfish pot fishery would have been duplicative of
the current Category II WA/OR/CA sablefish pot fishery. Based on not
adding the proposed WA/OR/CA other groundfish pot fishery, NMFS retains
the previously named Category III CA nearshore finfish trap fishery.
This fishery was proposed to be combined with the new WA/OR/CA other
groundfish pot fishery.
Based on public comment, NMFS retains the following four stocks on
the list of species/stocks incidentally killed or injured in the
Category I HI deep-set longline fishery: (1) Pelagic stock of
bottlenose dolphin, (2) Hawaii stock of Kogia spp., (3) Hawaii stock of
Risso's dolphin and (4) Hawaii stock of striped dolphin.
Based on public comment, NMFS retains the Central North Pacific
stock of humpback whale on the list of species/stocks incidentally
killed or injured in the Category I Western Pacific Pelagic (HI deep-
set component) fishery.
Based on public comment, NMFS retains four stocks on the list of
species/stocks incidentally killed or injured in the Category II HI
shallow-set longline fishery: (1) Hawaii pelagic stock of bottlenose
dolphin, (2) Central North Pacific stock of humpback whale, (3) Hawaii
stock of Risso's dolphin and (4) Hawaii stock of striped dolphin.
Based on public comment, NMFS adds Hawaiian monk seal to the list
of species/stocks incidentally killed or injured in the Category III HI
offshore pen culture fishery.
In this final rule, NMFS corrects an error on the list of stocks
incidentally killed or injured in the Category III AK Prince William
Sound salmon set gillnet fishery. On the 2019 LOF (84 FR 22051; May 16,
2019), NMFS incorrectly added the Central North Pacific stock of
humpback whale to the list of stocks incidentally killed or injured in
the Category III AK Prince William Sound salmon set gillnet fishery
based on stranding reports of two injuries in 2015. The 2020 SAR
correctly attributes the 2015 humpback whale stranding reports to the
Category II AK Prince William Sound salmon drift gillnet fishery, not
the Category III Prince William Sound salmon set gillnet fishery (Muto
et al., 2021). NMFS removes the Central North Pacific stock of humpback
whale from the list of stocks incidentally killed or injured in the
Category III AK Prince William Sound salmon set gillnet fishery. NMFS
adds the Central North Pacific stock of humpback to the list of stocks
incidentally killed or injured in the Category II AK Prince William
Sound salmon drift gillnet fishery. This correction does not change the
classification of the Category II AK Prince William Sound salmon drift
gillnet fishery or the Category III AK Prince William Sound salmon set
gillnet fishery.
NMFS updates the MMAP certificate process for calendar year 2022.
MMAP certificates issued in 2020 remain in effect, valid through
December 31, 2022, for vessel or gear owners participating in all
Category I and II fisheries as of the final 2022 LOF.
Summary of Changes to the LOF for 2022
The following summarizes changes to the LOF for 2022, including the
classification of fisheries, fisheries listed, the estimated number of
vessels/persons in a particular fishery, and the species and/or stocks
that are incidentally killed or injured in a particular fishery. NMFS
re-classifies one fishery in the LOF for 2022. Additionally, NMFS adds
three fisheries
[[Page 23132]]
to the LOF. NMFS also makes changes to the estimated number of vessels/
persons and list of species and/or stocks killed or injured in certain
fisheries. The classifications and definitions of U.S. commercial
fisheries for 2022 are identical to those provided in the LOF for 2021
with the changes discussed below. State and regional abbreviations used
in the following paragraphs include: AK (Alaska), BSAI (Bering Sea,
Aleutian Island), CA (California), Gulf of Alaska (GOA), HI (Hawaii),
Maine Hawaiian Islands (MHI), OR (Oregon), WA (Washington), and WNA
(Western North Atlantic).
Commercial Fisheries in the Pacific Ocean
Classification of Fisheries
NMFS reclassifies the Category II AK Bering Sea, Aleutian Island
(BSAI) rockfish trawl fishery from a Category II to a Category III
fishery.
Addition of Fisheries
NMFS adds the CA Tanner crab pot fishery as a Category III fishery.
NMFS adds the CA/OR/WA non-albacore Highly Migratory Species (HMS)
hook and line fishery as a Category III fishery.
Fishery Name and Organizational Changes and Clarification
NMFS removes the superscript ``1'' from the Main Hawaiian Islands
(MHI) insular stock of false killer whale to indicate the stock is no
longer driving the Category I classification of the HI deep-set
longline fishery.
NMFS corrects an administrative error in Table 1. NMFS adds the
superscript ``1'' CA/OR/WA stock of humpback whales to indicate the
stock is driving the Category II classification of the CA coonstripe
shrimp pot fishery.
NMFS renames the Category III WA/OR herring, smelt, squid purse
seine or lampara fishery to the WA/OR herring, anchovy, smelt, squid
purse seine or lampara fishery.
NMFS renames the Category III WA salmon purse seine fishery to the
WA salmon seine fishery.
NMFS combines the Category III CA halibut hook and line/handline
fishery and Category III CA white seabass hook and line/handline
fishery, and names it the Category III CA halibut, white seabass, and
yellowtail hook and line/handline fishery.
NMFS renames the Category III WA/OR Pacific halibut longline
fishery to the WA/OR/CA Pacific halibut longline fishery.
NMFS renames the Category III WA/CA kelp fishery to the CA/WA kelp,
seaweed, and algae fishery.
NMFS combines the Category III WA groundfish, bottomfish jig
fishery and the hook and line component of the Category III CA
nearshore finfish live trap/hook-and-line fishery, and names it the
Category III WA/OR/CA groundfish/finfish hook and line fishery.
NMFS combines and renames the Category III WA/OR bait shrimp, clam,
hand, dive, or mechanical collection fishery and the Category III OR/CA
sea urchin, sea cucumber hand, dive, or mechanical collection fishery
into two distinct gear-based Category III fisheries: (1) The CA/OR/WA
dive collection fishery and (2) the WA/OR/CA hand/mechanical collection
fishery.
Number of Vessels/Persons
NMFS updates the estimated number of vessels/persons in the Pacific
Ocean (Table 1) as follows:
Category II
<bullet> CA thresher shark/swordfish drift gillnet (>=14 in mesh)
fishery from 14 to 21 vessels/persons;
<bullet> CA halibut/white seabass and other species set gillnet
(>3.5 in mesh) fishery from 37 to 39 vessels/persons;
<bullet> CA yellowtail, barracuda, and white seabass drift gillnet
(mesh size >=3.5 in and <14 in) fishery from 22 to 20 vessels/persons;
<bullet> WA Puget Sound Region salmon drift gillnet fishery from
154 to 136 vessels/persons;
<bullet> CA coonstripe shrimp pot fishery from 14 to 9 vessels/
persons;
<bullet> CA spiny lobster fishery from 186 to 189 vessels/persons;
<bullet> CA spot prawn pot fishery from 23 to 22 vessels/persons;
<bullet> CA Dungeness crab pot fishery from 501 to 471 vessels/
persons;
<bullet> OR Dungeness crab pot fishery from 342 to 323 vessels/
persons;
<bullet> WA/OR/CA sablefish pot fishery from 155 to 144 vessels/
persons;
<bullet> WA coastal Dungeness crab pot fishery from 197 to 204
vessels/persons;
<bullet> HI shortline fishery from 9 to 5 vessels/persons;
Category III
<bullet> CA set gillnet (mesh size <3.5 in) fishery from 296 to 11
vessels/persons;
<bullet> HI inshore gillnet fishery from 36 to 29 vessels/persons;
<bullet> WA Grays Harbor salmon drift gillnet fishery from 24 to 19
vessels/persons;
<bullet> WA/OR Mainstem Columbia River eulachon gillnet fishery
from 5 to 10 vessels/persons;
<bullet> WA Willapa Bay drift gillnet fishery from 82 to 57
vessels/persons;
<bullet> WA/OR sardine purse seine fishery from 42 to 6 vessels/
persons;
<bullet> CA anchovy, mackerel, sardine purse seine fishery from 65
to 53 vessels/persons;
<bullet> CA squid purse seine fishery from 80 to 68 persons/
vessels;
<bullet> CA tuna purse seine fishery from 10 to 14 vessels/persons;
<bullet> WA/OR Lower Columbia River salmon seine fishery from 10 to
1 person/vessel;
<bullet> WA/OR herring, anchovy, smelt, squid purse seine or
lampara fishery from 130 to 41 vessels/persons;
<bullet> WA salmon seine fishery from 75 to 81 vessels/persons;
<bullet> HI lift net fishery from 17 to 15 vessels/persons;
<bullet> HI inshore purse seine fishery from <3 to none recorded
vessels/persons;
<bullet> HI throw net, cast net fishery from 23 to 15 vessels/
persons;
<bullet> HI seine net fishery from 24 to 17 vessels/persons;
<bullet> CA squid dip net fishery from 115 to 19 vessels/persons;
<bullet> HI offshore pen culture fishery from 2 to 1 vessels/
persons;
<bullet> WA/OR/CA albacore surface hook and line/troll fishery from
705 to 556 vessels/persons;
<bullet> CA/OR/WA salmon troll fishery from 4,300 to 1,030 vessels/
persons;
<bullet> HI troll fishery from 2,117 to 1,380 vessels/persons;
<bullet> HI rod and reel fishery from 322 to 237 vessels/persons;
<bullet> Guam tuna troll fishery from 432 to 398 vessels/persons;
<bullet> WA/OR/CA groundfish, bottomfish longline/set line fishery
from 367 to 314 vessels/persons;
<bullet> WA/OR/CA Pacific halibut longline fishery from 350 to 130
vessels/persons;
<bullet> CA pelagic longline fishery from 1 to 4 vessels/persons;
<bullet> HI kaka line fishery from 15 to 5 vessels/persons;
<bullet> HI vertical line fishery from 3 to none recorded vessels/
persons;
<bullet> CA halibut bottom trawl fishery from 47 to 23 vessels/
persons;
<bullet> CA sea cucumber trawl fishery from 16 to 11 vessels/
persons;
<bullet> WA/OR/CA shrimp trawl fishery from 300 to 130 vessels/
persons;
<bullet> WA/OR/CA groundfish trawl fishery from 160-180 to 118
vessels/persons;
<bullet> CA rock crab pot fishery from 124 to 113 vessels/persons;
<bullet> WA/OR/CA hagfish pot fishery from 54 to 63 vessels/
persons;
<bullet> WA/OR shrimp pot/trap fishery from 54 to 28 vessels/
persons;
<bullet> WA Puget Sound Dungeness crab pot/trap fishery from 249 to
145 vessels/persons;
<bullet> HI crab trap fishery from 5 to 4 vessels/persons;
[[Page 23133]]
<bullet> HI fish trap fishery from 9 to 4 vessels/persons;
<bullet> HI lobster trap fishery from <3 to none recorded vessels/
persons;
<bullet> HI shrimp trap fishery from 10 to 3 vessels/persons;
<bullet> HI crab net fishery from 4 to none recorded vessels/
persons;
<bullet> HI kona crab loop net fishery from 33 to 20 vessels/
persons;
<bullet> American Samoa bottomfish handline fishery from fewer than
20 to 9 vessels/persons;
<bullet> Commonwealth of the Northern Mariana Islands bottomfish
fishery from 28 to 11 vessels/persons;
<bullet> Guam bottomfish fishery from >300 to 67 vessels/persons;
<bullet> HI aku boat, pole and line fishery from <3 to none
recorded vessels/persons;
<bullet> HI bottomfish handline fishery from 578 to 385 vessels/
persons;
<bullet> HI inshore handline fishery from 357 to 206 vessels/
persons;
<bullet> HI pelagic handline fishery from 534 to 300 vessels/
persons;
<bullet> CA swordfish harpoon fishery from 6 to 21 vessels/persons;
<bullet> HI bullpen trap fishery from 3 to none recorded vessels/
persons;
<bullet> HI black coral diving fishery from <3 to none recorded
vessels/persons;
<bullet> HI fish pond fishery from 5 to none recorded vessels/
persons;
<bullet> HI handpick fishery from 46 to 25 vessels/persons;
<bullet> HI lobster diving fishery from 19 to 12 vessels/persons;
<bullet> HI spearfishing fishery from 163 to 82 vessels/persons;
and
<bullet> HI aquarium collecting fishery from 90 to 34 vessels/
persons.
List of Species and/or Stocks Incidentally Killed or Injured in the
Pacific Ocean
NMFS adds the Eastern North Pacific stock of gray whale and the
Central North Pacific stock of humpback to the list of species/stocks
incidentally killed or injured in the Category II AK Prince William
Sound salmon drift gillnet fishery.
NMFS adds three stocks to the list of species/stocks incidentally
killed or injured in the Category II AK Bering Sea, Aleutian Islands
pollock trawl fishery: (1) Arctic stock of ringed seal, (2) Central
North Pacific stock of humpback whale and (3) Western North Pacific
stock of humpback whale.
NMFS adds the U.S. stock of California sea lion to the list of
species/stocks incidentally killed or injured in the Category II CA
spiny lobster fishery.
NMFS adds the California stock of Northern elephant seal to the
list of species/stocks incidentally killed or injured in the Category
II AK Gulf of Alaska sablefish longline fishery.
NMFS adds both the Western U.S. stock of Steller sea lion and North
Kodiak stock of harbor seal to the list of species/stocks incidentally
killed or injured in the Category III AK Kodiak salmon purse seine
fishery.
NMFS adds the Gulf of Alaska, Aleutian Islands, Bering Sea
transient stock of killer whale to the list of species/stocks
incidentally killed or injured in the Category III AK Bering Sea,
Aleutian Greenland turbot longline fishery.
NMFS adds the Clarence Strait stock of harbor seal to the list of
species/stocks incidentally killed or injured in the Category III AK
Gulf of Alaska halibut longline fishery.
NMFS adds the Cook Inlet/Shelikof Strait stock of harbor seal to
the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska Pacific cod longline fishery.
NMFS adds the California stock of Northern elephant seal to the
list of species/stocks incidentally killed or injured in the Category
III AK Bering Sea, Aleutian Islands Atka mackerel trawl fishery.
NMFS adds three stocks to the list of species/stocks incidentally
killed or injured in the Category III AK Gulf of Alaska flatfish trawl
fishery. The three stocks are: (1) Cook Inlet/Shelikof Strait stock of
harbor seal, (2) North Kodiak stock of harbor seal, and (3) South
Kodiak stock of harbor seal.
NMFS adds the North Pacific stock of sperm whale to the list of
species/stocks incidentally killed or injured in the Category III AK
Bering Sea, Aleutian Islands sablefish pot fishery.
NMFS adds the U.S. stock of California sea lion to the list of
species/stocks incidentally killed or injured in the Category III WA/
OR/CA groundfish/finfish hook and line fishery.
NMFS adds the Central North Pacific stock of humpback whale to the
list of species/stocks incidentally killed or injured in the Category
III AK/WA/OR/CA commercial passenger fishing vessel fishery.
NMFS retains the following four stocks on the list of species/
stocks incidentally killed or injured in the Category I HI deep-set
longline fishery: (1) Pelagic stock of bottlenose dolphin, (2) Hawaii
stock of Kogia spp., (3) Hawaii stock of Risso's dolphin and (4) Hawaii
stock of striped dolphin.
NMFS retains four stocks on the list of species/stocks incidentally
killed or injured in the Category II HI shallow-set longline fishery:
(1) Hawaii pelagic stock of bottlenose dolphin, (2) Central North
Pacific stock of humpback whale, (3) Hawaii stock of Risso's dolphin
and (4) Hawaii stock of striped dolphin.
NMFS adds the unknown stock of striped dolphin to the list of
species/stocks incidentally killed or injured in the Category II
American Samoa longline fishery.
NMFS adds Hawaiian monk seal to the list of species/stocks
incidentally killed or injured in the Category III HI offshore pen
culture fishery.
NMFS removes the Central North Pacific stock of humpback whale from
the list of stocks incidentally killed or injured in the Category III
AK Prince William Sound salmon set gillnet fishery.
NMFS removes the Alaska resident stock of killer whale from the
list of species/stocks incidentally killed or injured in the Category
III AK Bering Sea, Aleutian Islands Greenland turbot longline fishery.
NMFS removes the Alaska stock of spotted seal from the list of
species/stocks incidentally killed or injured in the Category III AK
Bering Sea, Aleutian Islands Pacific cod longline fishery.
NMFS removes six stocks from the list of species/stocks
incidentally killed or injured in the Category II AK Bering Sea,
Aleutian Islands pollock trawl fishery: (1) Alaska stock of bearded
seal, (2), Bristol Bay stock of beluga whale, (3) Eastern Bering Sea
stock of beluga whale, (4) Eastern Chukchi Sea stock of beluga whale,
(5) Eastern Pacific stock of Northern fur seal and (6) Alaska stock of
spotted seal.
NMFS removes the Alaska stock of bearded seal from the list of
species/stocks incidentally killed or injured in the Category III AK
Bering Sea, Aleutian Islands Atka mackerel trawl fishery.
NMFS removes both the Gulf of Alaska, Aleutian Islands, Bering Sea
transient stock and Eastern North Pacific Alaska resident stock of
killer whale from the list of species/stocks incidentally killed or
injured in the Category III AK Bering Sea, Aleutian Islands rockfish
trawl fishery.
NMFS removes the North Pacific stock of Northern elephant seal from
the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska flatfish trawl fishery.
NMFS removes the Alaska stock of harbor seal from the list of
species/stocks incidentally killed or injured in the Category III AK
Gulf of Alaska Pacific cod trawl fishery.
NMFS removes three stocks from the list of species/stocks
incidentally killed or injured in the Category III AK Gulf of Alaska
pollock trawl fishery: (1) Alaska stock of Dall's porpoise, (2)
Northeast Pacific stock of fin whale and (3) North Pacific stock of
Northern elephant seal.
[[Page 23134]]
NMFS removes the Gulf of Alaska stock of harbor seal from the list
of species/stocks incidentally killed or injured in the Category III AK
Gulf of Alaska Pacific cod pot fishery.
NMFS removes the Northeast Pacific stock of fin whale from the list
of species/stocks incidentally killed or injured in the Category III AK
Gulf of Alaska groundfish jig fishery.
NMFS removes the Hawaii stock of pygmy killer whale from the list
of species/stocks incidentally killed or injured in the Category I HI
deep-set longline fishery.
NMFS removes the Hawaii stock of Blainville's beaked whale and
Hawaii stock of rough-toothed dolphin from the list of species/stocks
incidentally killed or injured in the Category II HI shallow-set
longline fishery.
NMFS revises marine mammal stock names on the list of species/
stocks incidentally killed or injured for consistency with the current
stock names in the SARs as follows:
Category II AK Cook Inlet Salmon Set Gillnet Fishery
<bullet> Harbor seal, GOA to harbor seal, Cook Inlet/Shelikof
Strait;
Category II AK Bering Sea, Aleutian Islands Flatfish Ttrawl Fishery
<bullet> Bearded seal, AK to bearded seal, Beringia;
<bullet> Harbor seal, Bering Sea to harbor seal, Bristol Bay;
<bullet> Killer whale, AK resident to killer whale, Eastern North
Pacific Alaska resident;
<bullet> Killer whale, GOA, AI, BS transient to killer whale,
Eastern North Pacific GOA, AI, BS transient;
<bullet> Ringed seal, AK to ringed seal, Arctic;
<bullet> Ribbon seal, AK to ribbon seal;
<bullet> Spotted seal, AK to spotted seal, Bering;
Category II AK Bering Sea, Aleutian Islands Pollock Trawl Fishery
<bullet> Harbor seal, AK to harbor seal, Bristol Bay;
<bullet> Ribbon seal, AK to ribbon seal;
Category II AK Prince William Sound Salmon Set Gillnet Fishery
<bullet> Harbor seal, GOA to harbor seal, Prince William Sound;
Category III AK Bering Sea, Aleutian Islands Rockfish Trawl Fishery
<bullet> Ribbon seal, AK to ribbon seal; and
Category III AK Bering Sea, Aleutian Islands Pacific Cod Trawl Fishery
<bullet> Ribbon seal, AK to ribbon seal.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Fishery Name and Organizational Changes and Clarification
NMFS adds a new fishery, MA mixed species trap/pot fishery, as a
Category II fishery that encompasses all trap/pot fishing that occurs
in state waters of Massachusetts. We remove Massachusetts state waters
trap/pot fisheries from the broader Category I Northeast/Mid-Atlantic
American lobster trap/pot and Category II Atlantic mixed species trap/
pot fisheries. NMFS adds the fishery to the list of affected fisheries
for the ALWTRP in Table 4.
List of Species and/or Stocks Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of Mexico, and Caribbean
NMFS adds the Northern migratory coastal stock of bottlenose
dolphin to the list of species/stocks incidentally killed or injured in
the Category I Northeast sink gillnet fishery.
NMFS adds both the Pensacola Bay, East Bay stock and Perdido Bay
stocks of bottlenose dolphin to the list of species/stocks incidentally
killed or injured in the Category II Southeastern U.S. Atlantic, Gulf
of Mexico shrimp trawl fishery.
Commercial Fisheries on the High Seas
Fishery Name and Organizational Changes and Clarification
NMFS renames the Category II South Pacific tuna purse seine fishery
to the Western and Central Pacific Ocean tuna purse seine fishery.
NMFS clarifies the fishery description for the renamed Category II
Western and Central Pacific Ocean tuna purse seine fishery. NMFS
clarifies that the only gear type used in this fishery is purse seine.
Based on this clarification, NMFS also removes the Category II South
Pacific tuna longline fishery from the LOF.
Number of Vessels/Persons
NMFS updates the estimated number of HSFCA permits for high seas
fisheries (Table 3) as follows:
Category I
<bullet> Atlantic highly migratory species longline fishery from 45
to 39 HSFCA permits;
Category II
<bullet> Western and Central Pacific Ocean tuna purse seine fishery
from 26 to 20 HSFCA permits;
<bullet> Pacific highly migratory species handline/pole and line
fishery from 43 to 44 HSFCA permits;
<bullet> South Pacific albacore troll handline/pole and line
fishery from 10 to 9 HSFCA permits;
<bullet> South Pacific albacore troll fishery from 18 to 20 HSFCA
permits; South Pacific tuna troll fishery from 1 to 0 HSFCA permits;
<bullet> Western Pacific pelagic troll fishery from 4 to 6 HSFCA
permits;
Category III
<bullet> Pacific highly migratory species longline fishery from 105
to 111 HSFCA permits; and
<bullet> Pacific highly migratory species troll fishery from 111 to
107 HSFCA permits.
List of Species and/or Stocks Incidentally Killed or Injured on the
High Seas
NMFS retains the Central North Pacific stock of humpback whale on
the list of species/stocks incidentally killed or injured in the
Category I Western Pacific Pelagic (HI deep-set component) fishery.
NMFS adds the following 18 stocks to the list of species/stocks
incidentally killed or injured in the Category II Western and Central
Pacific Ocean tuna purse seine fishery: (1) Hawaii pelagic stock of
bottlenose dolphin, (2) unknown stock of blue whale, (3) Hawaii stock
of Bryde's whale, (4) Hawaii pelagic stock of false killer whale, (5)
Hawaii stock of fin whale, (6) unknown stock of humpback whale, (7)
Indo-Pacific bottlenose dolphin, (8) California stock of long-beaked
common dolphin, (9) unknown stock of melon-headed whale, (10) Hawaii
stock of minke whale, (11) unknown stock of pantropical spotted
dolphin, (12) Hawaii stock of pygmy killer whale, (13) unknown stock of
Risso's dolphin, (14) unknown stock of rough-toothed dolphin, (15)
Hawaii stock of sei whale, (16) unknown stock of short-finned pilot
whale, (17) Hawaii stock of sperm whale, and (18) unknown stock of
spinner dolphin.
NMFS adds Ginkgo-toothed beaked whale to the list of species/stocks
incidentally killed or injured in the Category II Western Pacific
Pelagic longline fishery (HI shallow-set component).
NMFS removes the Hawaii stock of pygmy killer whale from the list
of species/stocks incidentally killed or injured in the Category I
Western Pacific Pelagic longline fishery (HI deep-set component).
NMFS removes three stocks from the list of species/stocks
incidentally killed or injured in the Category II Western Pacific
Pelagic longline fishery (HI shallow-set component). The three
[[Page 23135]]
stocks are: (1) Hawaii stock of Blainville's beaked whale, (2) unknown
stock of Mesoplodon species, and (3) Hawaii stock of rough-toothed
dolphin.
List of Fisheries
The following tables set forth the list of U.S. commercial
fisheries according to their classification under section 118 of the
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean
(including Alaska), Table 2 lists commercial fisheries in the Atlantic
Ocean, Gulf of Mexico, and Caribbean, Table 3 lists commercial
fisheries on the high seas, and Table 4 lists fisheries affected by
TRPs or TRTs.
In Tables 1 and 2, the estimated number of vessels or persons
participating in fisheries operating within U.S. waters is expressed in
terms of the number of active participants in the fishery, when
possible. If this information is not available, the estimated number of
vessels or persons licensed for a particular fishery is provided. If no
recent information is available on the number of participants, vessels,
or persons licensed in a fishery, then the number from the most recent
LOF is used for the estimated number of vessels or persons in the
fishery. NMFS acknowledges that, in some cases, these estimates may be
inflations of actual effort. For example, the State of Hawaii does not
issue fishery-specific licenses, and the number of participants
reported in the LOF represents the number of commercial marine license
holders who reported using a particular fishing gear type/method at
least once in a given year, without considering how many times the gear
was used. For these fisheries, effort by a single participant is
counted the same whether the fisherman used the gear only once or every
day. In the Mid-Atlantic and New England fisheries, the numbers
represent the potential effort for each fishery, given the multiple
gear types for which several state permits may allow. Changes made to
Mid-Atlantic and New England fishery participants will not affect
observer coverage or bycatch estimates, as observer coverage and
bycatch estimates are based on vessel trip reports and landings data.
Tables 1 and 2 serve to provide a description of the fishery's
potential effort (state and Federal). If NMFS is able to gather more
accurate information on the gear types used by state permit holders in
the future, the numbers will be updated to reflect this change. For
additional information on fishing effort in fisheries found on Table 1
or 2, contact the relevant regional office (contact information
included above in Where can I find more information about the LOF and
the MMAP? section).
For high seas fisheries, Table 3 lists the number of valid HSFCA
permits currently held. Although this likely overestimates the number
of active participants in many of these fisheries, the number of valid
HSFCA permits is the most reliable data on the potential effort in high
seas fisheries at this time. As noted previously, the number of HSFCA
permits listed in Table 3 for the high seas components of fisheries
that also operate within U.S. waters does not necessarily represent
additional effort that is not accounted for in Tables 1 and 2. Many
vessels holding HSFCA permits also fish within U.S. waters and are
included in the number of vessels and participants operating within
those fisheries in Tables 1 and 2.
Tables 1, 2, and 3 also list the marine mammal species and/or
stocks incidentally killed or injured (seriously or non-seriously) in
each fishery based on SARs, injury determination reports, bycatch
estimation reports, observer data, logbook data, stranding data,
disentanglement network data, fishermen self-reports (i.e., MMAP
reports), and anecdotal reports. The best available scientific
information included in these reports is based on data through 2018.
This list includes all species and/or stocks known to be killed or
injured in a given fishery, but also includes species and/or stocks for
which there are anecdotal records of a mortality or injury.
Additionally, species identified by logbook entries, stranding data, or
fishermen self-reports (i.e., MMAP reports) may not be verified. In
Tables 1 and 2, NMFS has designated those species/stocks driving a
fishery's classification (i.e., the fishery is classified based on
mortalities and serious injuries of a marine mammal stock that are
greater than or equal to 50 percent (Category I), or greater than 1
percent and less than 50 percent (Category II), of a stock's PBR) by a
``1'' after the stock's name.
In Tables 1 and 2, there are several fisheries classified as
Category II that have no recent documented mortalities or serious
injuries of marine mammals, or fisheries that did not result in a
mortality or serious injury rate greater than 1 percent of a stock's
PBR level based on known interactions. NMFS has classified these
fisheries by analogy to other Category I or II fisheries that use
similar fishing techniques or gear that are known to cause mortality or
serious injury of marine mammals, as discussed in the final LOF for
1996 (60 FR 67063; December 28, 1995), and according to factors listed
in the definition of a ``Category II fishery'' in 50 CFR 229.2 (i.e.,
fishing techniques, gear types, methods used to deter marine mammals,
target species, seasons and areas fished, qualitative data from
logbooks or fishermen reports, stranding data, and the species and
distribution of marine mammals in the area). NMFS has designated those
fisheries listed by analogy in Tables 1 and 2 by adding a ``2'' after
the fishery's name.
There are several fisheries in Tables 1, 2, and 3 in which a
portion of the fishing vessels cross the EEZ boundary and therefore
operate both within U.S. waters and on the high seas. These fisheries,
though listed separately on Table 1 or 2 and Table 3, are considered
the same fisheries on either side of the EEZ boundary. NMFS has
designated those fisheries in each table with an asterisk (*) after the
fishery's name.
Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Estimated Marine mammal species
number of and/or stocks
Fishery description vessels/ incidentally killed or
persons injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
HI deep-set longline * 143 Bottlenose dolphin, HI
[supcaret]. Pelagic.
False killer whale, HI
Pelagic \1\.
False killer whale, MHI
Insular.
False killer whale,
NWHI.
Humpback whale. Central
North Pacific.
Kogia spp. (Pygmy or
dwarf sperm whale),
HI.
[[Page 23136]]
Risso's dolphin, HI.
Rough-toothed dolphin,
HI.
Short-finned pilot
whale, HI.
Striped dolphin, HI.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Gillnet Fisheries:
CA thresher shark/swordfish 21 Bottlenose dolphin, CA/
drift gillnet (>=14 in OR/WA offshore.
mesh) *.
California sea lion,
U.S.
Dall's porpoise, CA/OR/
WA.
Gray whale, Eastern
North Pacific.
Humpback whale, CA/OR/
WA.
Long-beaked common
dolphin, CA.
Minke whale, CA/OR/
WA\1\.
Northern elephant seal,
CA breeding.
Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/OR/
WA.
Short-beaked common
dolphin, CA/OR/WA.
Short-finned pilot
whale, CA/OR/WA\1\.
Sperm Whale, CA/OR/
WA\1\.
CA halibut/white seabass 39 California sea lion,
and other species set U.S.
gillnet (>3.5 in mesh). Gray whale, Eastern
North Pacific.
Harbor seal, CA.
Humpback whale, CA/OR/
WA\1\.
Long-beaked common
dolphin, CA.
Northern elephant seal,
CA breeding.
Sea otter, CA.
Short-beaked common
dolphin, CA/OR/WA.
CA yellowtail, barracuda, 20 California sea lion,
and white seabass drift U.S.
gillnet (mesh size >=3.5 Long-beaked common
in and <14 in) \2\. dolphin, CA.
Short-beaked common
dolphin, CA/OR/WA.
AK Bristol Bay salmon drift 1,862 Beluga whale, Bristol
gillnet \2\. Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bering
Sea.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, North
Pacific.
Spotted seal, AK.
Steller sea lion,
Western U.S.
AK Bristol Bay salmon set 979 Beluga whale, Bristol
gillnet \2\. Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bering
Sea.
Northern fur seal,
Eastern Pacific.
Spotted seal, AK.
AK Kodiak salmon set 188 Harbor porpoise, GOA
gillnet. \1\.
Harbor seal, GOA.
Humpback whale, Central
North Pacific.
Humpback whale, Western
North Pacific.
Sea otter, Southwest
AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon set 736 Beluga whale, Cook
gillnet. Inlet.
Dall's porpoise, AK.
Harbor porpoise, GOA.
Harbor seal, Cook Inlet/
Shelikof Strait.
Humpback whale, Central
North Pacific \1\.
Sea otter, South
central AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon drift 569 Beluga whale, Cook
gillnet. Inlet.
Dall's porpoise, AK.
Harbor porpoise, GOA
\1\.
Harbor seal, GOA.
Steller sea lion,
Western U.S.
AK Peninsula/Aleutian 162 Dall's porpoise, AK.
Islands salmon drift
gillnet \2\.
Harbor porpoise, GOA.
Harbor seal, GOA.
Northern fur seal,
Eastern Pacific.
AK Peninsula/Aleutian 113 Harbor porpoise, Bering
Islands salmon set gillnet Sea.
\2\.
Northern sea otter,
Southwest AK.
[[Page 23137]]
Steller sea lion,
Western U.S.
AK Prince William Sound 537 Dall's porpoise, AK.
salmon drift gillnet.
Gray whale, Eastern
North Pacific.
Harbor porpoise, GOA
\1\.
Harbor seal, Prince
William Sound.
Humpback whale, Central
North Pacific.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, North
Pacific.
Sea otter, South
central AK.
Steller sea lion,
Western U.S.\1\
AK Southeast salmon drift 474 Dall's porpoise, AK.
gillnet.
Harbor porpoise,
Southeast AK.
Harbor seal, Southeast
AK.
Humpback whale, Central
North Pacific \1\.
Pacific white-sided
dolphin, North
Pacific.
Steller sea lion,
Eastern U.S.
AK Yakutat salmon set 168 Gray whale, Eastern
gillnet \2\. North Pacific.
Harbor Porpoise,
Southeastern AK.
Harbor seal, Southeast
AK.
Humpback whale, Central
North Pacific
(Southeast AK).
WA Puget Sound Region 136 Dall's porpoise, CA/OR/
salmon drift gillnet WA.
(includes all inland Harbor porpoise, inland
waters south of US-Canada WA \1\.
border and eastward of the Harbor seal, WA inland.
Bonilla-Tatoosh line-
Treaty Indian fishing is
excluded).
Trawl Fisheries:
AK Bering Sea, Aleutian 32 Bearded seal, Beringia.
Islands flatfish trawl.
Gray whale, Eastern
North Pacific.
Harbor porpoise, Bering
Sea.
Harbor seal, Bristol
Bay.
Humpback whale, Western
North Pacific \1\.
Killer whale, Eastern
North Pacific Alaska
resident \1\.
Killer whale, Eastern
North Pacific GOA, AI,
BS transient \1\.
Northern fur seal,
Eastern Pacific.
Ringed seal, Arctic.
Ribbon seal.
Spotted seal, Bering.
Steller sea lion,
Western U.S.\1\
Walrus, AK.
AK Bering Sea, Aleutian 102 Harbor seal, Bristol
Islands pollock trawl. Bay.
Humpback whale, Central
North Pacific.
Humpback whale, Western
North Pacific.
Ribbon seal.
Ringed seal, Arctic.
Steller sea lion,
Western U.S.\1\
Pot, Ring Net, and Trap
Fisheries:
AK Bering Sea, Aleutian 59 Harbor seal, Bristol
Islands Pacific cod pot. Bay.
Humpback whale, Central
North Pacific.
Humpback whale, Western
North Pacific.
CA coonstripe shrimp pot... 9 Gray whale, Eastern
North Pacific.
Harbor seal, CA.
Humpback whale, CA/OR/
WA \1\.
CA spiny lobster........... 189 Bottlenose dolphin, CA/
OR/WA offshore.
California sea lion,
U.S.
Humpback whale, CA/OR/
WA \1\.
Gray whale, Eastern
North Pacific.
Southern sea otter.
CA spot prawn pot.......... 22 Gray whale, Eastern
North Pacific.
Humpback whale, CA/OR/
WA \1\.
Long-beaked common
dolphin, CA.
CA Dungeness crab pot...... 471 Blue whale, Eastern
North Pacific \1\.
Gray whale, Eastern
North Pacific.
Humpback whale, CA/OR/
WA \1\.
Killer whale, Eastern
North Pacific GOA,
BSAI transient.
Killer whale, West
Coast transient.
OR Dungeness crab pot...... 323 Gray whale, Eastern
North Pacific.
Humpback whale, CA/OR/
WA \1\.
WA/OR/CA sablefish pot..... 144 Humpback whale, CA/OR/
WA\1\.
WA coastal Dungeness crab 204 Gray whale, Eastern
pot. North Pacific.
Humpback whale, CA/OR/
WA \1\.
[[Page 23138]]
Longline/Set Line Fisheries:
AK Gulf of Alaska sablefish 295 Northern elephant seal,
longline. California.
Sperm whale, North
Pacific.
Steller sea lion,
Eastern U.S.
HI shallow-set longline * 11 Bottlenose dolphin, HI
[supcaret]. Pelagic.
False killer whale, HI
Pelagic \1\.
Humpback whale, Central
North Pacific.
Risso's dolphin, HI.
Striped dolphin, HI.
American Samoa longline \2\ 13 False killer whale,
American Samoa.
Rough-toothed dolphin,
American Samoa.
Short-finned pilot
whale, unknown.
Striped dolphin,
unknown.
HI shortline \2\........... 5 None documented.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Gillnet Fisheries:
AK Kuskokwim, Yukon, Norton 1,778 Harbor porpoise, Bering
Sound, Kotzebue salmon gillnet. Sea.
AK Prince William Sound 29 Harbor seal, GOA.
salmon set gillnet. Sea otter, South
central AK.
Steller sea lion,
Western U.S.
AK roe herring and food/ 920 None documented.
bait herring gillnet.
CA set gillnet (mesh size 11 None documented.
<3.5 in).
HI inshore gillnet......... 29 Bottlenose dolphin, HI.
Spinner dolphin, HI.
WA Grays Harbor salmon 19 Harbor seal, OR/WA
drift gillnet (excluding coast.
treaty Tribal fishing).
WA/OR Mainstem Columbia 10 None documented.
River eulachon gillnet.
WA/OR lower Columbia River 244 California sea lion,
(includes tributaries) U.S.
drift gillnet. Harbor seal, OR/WA
coast.
WA Willapa Bay drift 57 Harbor seal, OR/WA
gillnet. coast.
Northern elephant seal,
CA breeding.
Miscellaneous Net Fisheries:
AK Cook Inlet salmon purse 83 Humpback whale, Central
seine. North Pacific.
AK Kodiak salmon purse 376 Dall's porpoise, AK.
seine.
Harbor seal, North
Kodiak.
Humpback whale, Central
North Pacific.
Humpback whale, Western
North Pacific.
Steller sea lion,
Western U.S.
AK Southeast salmon purse 315 Humpback whale, Central
seine. North Pacific.
AK roe herring and food/ 10 None documented.
bait herring beach seine.
AK roe herring and food/ 356 None documented.
bait herring purse seine.
AK salmon beach seine...... 31 None documented.
AK salmon purse seine 936 Harbor seal, GOA.
(Prince William Sound, Harbor seal, Prince
Chignik, Alaska Peninsula). William Sound.
WA/OR sardine purse seine.. 6 None documented.
CA anchovy, mackerel, 53 California sea lion,
sardine purse seine. U.S.
Harbor seal, CA.
CA squid purse seine....... 68 California sea lion,
U.S.
Long-beaked common
dolphin, CA.
Risso's dolphin, CA/OR/
WA.
Short-beaked common
dolphin, CA/OR/WA.
CA tuna purse seine *...... 14 None documented.
WA/OR Lower Columbia River 1 None documented.
salmon seine.
WA/OR herring, anchovy, 41 None documented.
smelt, squid purse seine
or lampara.
WA salmon seine............ 81 None documented.
WA salmon reef net......... 11 None documented.
HI lift net................ 15 None documented.
HI inshore purse seine..... None recorded None documented.
HI throw net, cast net..... 15 None documented.
HI seine net............... 17 None documented.
Dip Net Fisheries:
CA squid dip net........... 19 None documented.
Marine Aquaculture Fisheries:
CA marine shellfish unknown None documented.
aquaculture.
CA salmon enhancement >1 None documented.
rearing pen.
CA white seabass 13 California sea lion,
enhancement net pens. U.S.
[[Page 23139]]
HI offshore pen culture.... 1 Hawaiian monk seal.
WA salmon net pens......... 14 California sea lion,
U.S.
Harbor seal, WA inland
waters.
WA/OR shellfish aquaculture 23 None documented.
Troll Fisheries:
WA/OR/CA albacore surface 556 None documented.
hook and line/troll.
CA halibut, white seabass, 388 None documented.
and yellowtail hook and
line/handline.
CA/OR/WA non-albacore HMS 124 None documented.
hook and line.
AK Bering Sea, Aleutian unknown None documented.
Islands groundfish hand
troll and dinglebar troll.
AK Gulf of Alaska unknown None documented.
groundfish hand troll and
dinglebar troll.
AK salmon troll................ 1,908 Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
American Samoa tuna troll.. 13 None documented.
CA/OR/WA salmon troll...... 1,030 None documented.
HI troll................... 1,380 Pantropical spotted
dolphin, HI.
HI rod and reel............ 237 None documented.
Commonwealth of the 40 None documented.
Northern Mariana Islands
tuna troll.
Guam tuna troll............ 398 None documented.
Longline/Set Line Fisheries:
AK Bering Sea, Aleutian 4 Killer whale, GOA, AI,
Islands Greenland turbot BS transient.
longline.
AK Bering Sea, Aleutian 45 Northern fur seal,
Islands Pacific cod Eastern Pacific.
longline. Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 22 None documented.
Islands sablefish longline.
AK Bering Sea, Aleutian 127 Northern fur seal,
Islands halibut longline. Eastern Pacific.
Sperm whale, North
Pacific.
AK Gulf of Alaska halibut 855 Harbor seal, Clarence
longline. Strait.
Harbor seal, Cook
Inlet.
Steller sea lion,
Eastern U.S.
AK Gulf of Alaska Pacific 92 Harbor seal, Cook Inlet/
cod longline. Shelikof Strait.
Steller sea lion,
Western U.S.
AK octopus/squid longline.. 3 None documented.
AK state-managed waters 464 None documented.
longline/setline
(including sablefish,
rockfish, lingcod, and
miscellaneous finfish).
WA/OR/CA groundfish, 314 Bottlenose dolphin, CA/
bottomfish longline/set OR/WA offshore.
line.
California sea lion,
U.S.
Northern elephant seal,
California breeding.
Sperm whale, CA/OR/WA.
Steller sea lion,
Eastern U.S.
WA/OR/CA Pacific halibut 130 None documented.
longline.
CA pelagic longline........ 4 None documented in the
most recent 5 years of
data.
HI kaka line............... 5 None documented.
HI vertical line........... None recorded None documented.
Trawl Fisheries:
AK Bering Sea, Aleutian 13 Harbor seal, Aleutian
Islands Atka mackerel Islands.
trawl. Northern elephant seal,
California.
Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 72 Bearded seal, AK.
Islands Pacific cod trawl.
Ribbon seal.
Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 17 Harbor seal, Aleutian
Islands rockfish trawl. Islands.
Ribbon seal.
AK Gulf of Alaska flatfish 36 Harbor seal, Cook Inlet/
trawl. Shelikof Strait.
Harbor seal, North
Kodiak.
Harbor seal, South
Kodiak.
Steller sea lion,
Western U.S.
AK Gulf of Alaska Pacific 55 Steller sea lion,
cod trawl. Western U.S.
AK Gulf of Alaska pollock 67 Steller sea lion,
trawl. Western U.S.
AK Gulf of Alaska rockfish 43 Steller sea lion,
trawl. Western U.S.
AK Kodiak food/bait herring 4 None documented.
otter trawl.
AK shrimp otter trawl and 38 None documented.
beam trawl.
AK state-managed waters of 2 None documented.
Prince William Sound
groundfish trawl.
CA halibut bottom trawl.... 23 California sea lion,
U.S.
Harbor porpoise,
unknown.
Harbor seal, unknown.
Northern elephant seal,
CA breeding.
Steller sea lion,
unknown.
[[Page 23140]]
CA sea cucumber trawl...... 11 None documented.
WA/OR/CA shrimp trawl...... 130 California sea lion,
U.S.
WA/OR/CA groundfish trawl.. 118 California sea lion,
U.S.
Dall's porpoise, CA/OR/
WA.
Harbor seal, OR/WA
coast.
Northern elephant seal,
CA breeding.
Northern fur seal,
Eastern Pacific.
Northern right whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Steller sea lion,
Eastern U.S.
Pot, Ring Net, and Trap
Fisheries:
AK Bering Sea, Aleutian 6 Sperm whale, North
Islands sablefish pot. Pacific.
AK Bering Sea, Aleutian 540 Bowhead whale, Western
Islands crab pot. Arctic.
Gray whale, Eastern
North Pacific.
AK Gulf of Alaska crab pot. 271 None documented.
AK Gulf of Alaska Pacific 116 None documented in most
cod pot. recent 5 years of
data.
AK Gulf of Alaska sablefish 248 None documented.
pot.
AK Southeast Alaska crab 375 Humpback whale, Central
pot. North Pacific
(Southeast AK).
AK Southeast Alaska shrimp 99 Humpback whale, Central
pot. North Pacific
(Southeast AK).
AK shrimp pot, except 141 None documented.
Southeast.
AK octopus/squid pot....... 15 None documented.
CA rock crab pot........... 113 Gray whale, Eastern
North Pacific.
Harbor seal, CA.
CA Tanner crab pot fishery. 1 None documented.
WA/OR/CA hagfish pot....... 63 None documented.
WA/OR shrimp pot/trap...... 28 None documented.
WA Puget Sound Dungeness 145 None documented.
crab pot/trap.
HI crab trap............... 4 Humpback whale, Central
North Pacific.
HI fish trap............... 4 None documented.
HI lobster trap............ None recorded None documented in
recent years.
HI shrimp trap............. 3 None documented.
HI crab net................ None recorded None documented.
HI Kona crab loop net...... 20 None documented.
Hook and Line, Handline, and
Jig Fisheries:
AK Bering Sea, Aleutian 2 None documented.
Islands groundfish jig.
AK Gulf of Alaska 214 None documented in most
groundfish jig. recent 5 years of
data.
AK halibut jig............. 71 None documented.
American Samoa bottomfish.. 9 None documented.
Commonwealth of the 11 None documented.
Northern Mariana Islands
bottomfish.
Guam bottomfish............ 67 None documented.
HI aku boat, pole, and line None recorded None documented.
HI bottomfish handline..... 385 None documented in
recent years.
HI inshore handline........ 206 None documented.
HI pelagic handline........ 300 None documented.
WA/OR/CA groundfish/finfish 689 California sea lion,
hook and line. U.S.
Western Pacific squid jig.. 0 None documented.
Harpoon Fisheries:
CA swordfish harpoon....... 21 None documented.
Pound Net/Weir Fisheries:
AK herring spawn on kelp 291 None documented.
pound net.
AK Southeast herring roe/ 2 None documented.
food/bait pound net.
HI bullpen trap............ None recorded None documented.
Bait Pens:
WA/OR/CA bait pens......... 13 California sea lion,
U.S.
Dredge Fisheries:
AK scallop dredge.......... 108 (5 AK) None documented.
Dive, Hand/Mechanical
Collection Fisheries:
AK clam.................... 130 None documented.
AK Dungeness crab.......... 2 None documented.
AK herring spawn on kelp... 266 None documented.
AK miscellaneous 214 None documented.
invertebrates handpick.
CA/OR/WA dive collection... 186 None documented.
CA/WA kelp, seaweed and 4 None documented.
algae.
HI black coral diving...... None recorded None documented.
HI fish pond............... None recorded None documented.
HI handpick................ 25 None documented.
HI lobster diving.......... 12 None documented.
HI spearfishing............ 82 None documented.
[[Page 23141]]
WA/OR/CA hand/mechanical 320 None documented.
collection.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
AK/WA/OR/CA commercial >7,000 (1,006 Humpback whale, Central
passenger fishing vessel. AK) North Pacific.
Humpback whale, Western
North Pacific.
Killer whale, unknown.
Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
Live Finfish/Shellfish
Fisheries:
CA nearshore finfish trap.. 93 None documented.
HI aquarium collecting..... 34 None documented.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1:
AI--Aleutian Islands; AK--Alaska; BS--Bering Sea; CA--California; ENP--
Eastern North Pacific; GOA--Gulf of Alaska; HI--Hawaii; MHI--Main
Hawaiian Islands; OR--Oregon; WA--Washington;
\1\ Fishery classified based on mortalities and serious injuries of this
stock, which are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of the
stock's PBR;
\2\ Fishery classified by analogy;
* Fishery has an associated high seas component listed in Table 3; and
[supcaret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of species and/or
stocks killed or injured in high seas component of the fishery, minus
species and/or stocks that have geographic ranges exclusively on the
high seas. The species and/or stocks are found, and the fishery
remains the same, on both sides of the EEZ boundary. Therefore, the
EEZ components of these fisheries pose the same risk to marine mammals
as the components operating on the high seas.
Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Estimated Marine mammal species
number of and/or stocks
Fishery description vessels/ incidentally killed or
persons injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
Gillnet Fisheries:
Mid-Atlantic gillnet....... 4,020 Bottlenose dolphin,
Northern Migratory
coastal.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Southern NC estuarine
system.\1\
Bottlenose dolphin, WNA
offshore.
Common dolphin, WNA.
Gray seal, WNA.
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Hooded seal, WNA.
Humpback whale, Gulf of
Maine.
Minke whale, Canadian
east coast.
Northeast sink gillnet..... 4,072 Bottlenose dolphin,
Northern Migratory
coastal.
Bottlenose dolphin, WNA
offshore.
Common dolphin, WNA.
Fin whale, WNA.
Gray seal, WNA.\1\
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Harp seal, WNA.
Humpback whale, Gulf of
Maine.
Minke whale, Canadian
east coast.
North Atlantic right
whale, WNA.
Risso's dolphin, WNA.
White-sided dolphin,
WNA.
Trap/Pot Fisheries:
Northeast/Mid-Atlantic 8,485 Humpback whale, Gulf of
American lobster trap/pot. Maine.
Minke whale, Canadian
east coast.
North Atlantic right
whale, WNA.\1\
Longline Fisheries:
Atlantic Ocean, Caribbean, 201 Atlantic spotted
Gulf of Mexico large dolphin, Northern GMX.
pelagics longline *. Bottlenose dolphin,
Northern GMX oceanic.
Bottlenose dolphin, WNA
offshore.
Common dolphin, WNA.
Cuvier's beaked whale,
WNA.
False killer whale,
WNA.
[[Page 23142]]
Harbor porpoise, GME,
BF.
Kogia spp. (Pygmy or
dwarf sperm whale),
WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Minke whale, Canadian
East coast.
Pantropical spotted
dolphin, Northern GMX.
Pygmy sperm whale, GMX.
Risso's dolphin,
Northern GMX.
Risso's dolphin, WNA.
Rough-toothed dolphin,
Northern GMX.
Short-finned pilot
whale, Northern GMX.
Short-finned pilot
whale, WNA.\1\
Sperm whale, Northern
GMX.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Gillnet Fisheries:
Chesapeake Bay inshore 265 Bottlenose dolphin,
gillnet \2\. unknown (Northern
migratory coastal or
Southern migratory
coastal).
Gulf of Mexico gillnet \2\. 248 Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, GMX
bay, sound, and
estuarine.
Bottlenose dolphin,
Mobile Bay, Bonsecour
Bay.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Western GMX coastal.
NC inshore gillnet......... 2,676 Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Southern NC estuarine
system.\1\
Northeast anchored float 852 Harbor seal, WNA.
gillnet \2\.
Humpback whale, Gulf of
Maine.
White-sided dolphin,
WNA.
Northeast drift gillnet \2\ 1,036 None documented.
Southeast Atlantic gillnet 273 Bottlenose dolphin,
\2\. Central FL coastal.
Bottlenose dolphin,
Northern FL coastal.
Bottlenose dolphin, SC/
GA coastal.
Bottlenose dolphin,
Southern migratory
coastal.
Southeastern U.S. Atlantic 21 Bottlenose dolphin,
shark gillnet. unknown (Central FL,
Northern FL, SC/GA
coastal, or Southern
migratory coastal).
North Atlantic right
whale, WNA.
Trawl Fisheries:
Mid-Atlantic mid-water 320 Bottlenose dolphin, WNA
trawl (including pair offshore.
trawl). Harbor seal, WNA.
Mid-Atlantic bottom trawl.. 633 Bottlenose dolphin, WNA
offshore.\1\
Common dolphin, WNA.\1\
Gray seal, WNA.\1\
Harbor seal, WNA.
Risso's dolphin,
WNA.\1\
White-sided dolphin,
WNA.
Northeast mid-water trawl 542 Common dolphin, WNA.
(including pair trawl).
Gray seal, WNA.
Harbor seal, WNA.
Long-finned pilot
whale, WNA.\1\
Northeast bottom trawl..... 968 Bottlenose dolphin, WNA
offshore.\1\
Common dolphin, WNA.
Gray seal, WNA.\1\
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Harp seal, WNA.
Long-finned pilot
whale, WNA.\1\
Risso's dolphin,
WNA.\1\
White-sided dolphin,
WNA.\1\
Southeastern U.S. Atlantic, 10,824 Atlantic spotted
Gulf of Mexico shrimp dolphin, Northern Gulf
trawl. of Mexico.
Bottlenose dolphin,
Charleston estuarine
system.
Bottlenose dolphin,
Eastern GMX
coastal.\1\
Bottlenose dolphin, GMX
bay, sound,
estuarine.\1\
Bottlenose dolphin, GMX
continental shelf.
Bottlenose dolphin,
Mississippi River
Delta.
Bottlenose dolphin,
Mobile Bay, Bonsecour
Bay.
Bottlenose dolphin,
Northern GMX
coastal.\1\
Bottlenose dolphin,
Pensacola Bay, East
Bay.
[[Page 23143]]
Bottlenose dolphin,
Perdido Bay.
Bottlenose dolphin, SC/
GA coastal.\1\
Bottlenose dolphin,
Southern migratory
coastal.
Bottlenose dolphin,
Western GMX
coastal.\1\
Trap/Pot Fisheries:
MA mixed species trap/pot.. 1,240 None documented.
Southeastern U.S. Atlantic, 1,101 Bottlenose dolphin,
Gulf of Mexico stone crab Biscayne Bay
trap/pot \2\. estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, FL
Bay.
Bottlenose dolphin, GMX
bay, sound, estuarine
(FL west coast
portion).
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville estuarine
system.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Sarasota Bay, Little
Sarasota Bay.
Atlantic mixed species trap/ 3,493 Fin whale, WNA.
pot \2\.
Humpback whale, Gulf of
Maine.
Atlantic blue crab trap/pot 6,679 Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Central GA estuarine
system.\1\
Bottlenose dolphin,
Charleston estuarine
system.\1\
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville estuarine
system.
Bottlenose dolphin,
Northern FL
coastal.\1\
Bottlenose dolphin,
Northern GA/Southern
SC estuarine system.
Bottlenose dolphin,
Northern Migratory
coastal.
Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Northern SC estuarine
system.
Bottlenose dolphin, SC/
GA coastal.
Bottlenose dolphin,
Southern GA estuarine
system.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Southern NC estuarine
system.
West Indian manatee,
FL.
Purse Seine Fisheries:
Gulf of Mexico menhaden 40-42 Bottlenose dolphin, GMX
purse seine. bay, sound, estuarine.
Bottlenose dolphin,
Mississippi River
Delta.
Bottlenose dolphin,
Mississippi Sound,
Lake Borgne, Bay
Boudreau.
Bottlenose dolphin,
Northern GMX
coastal.\1\
Bottlenose dolphin,
Western GMX
coastal.\1\
Mid-Atlantic menhaden purse 17 Bottlenose dolphin,
seine \2\. Northern Migratory
coastal.
Bottlenose dolphin,
Southern Migratory
coastal.
Haul/Beach Seine Fisheries:
Mid-Atlantic haul/beach 359 Bottlenose dolphin,
seine. Northern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Southern Migratory
coastal.\1\
NC long haul seine......... 22 Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Southern NC estuarine
system.
Stop Net Fisheries:
NC roe mullet stop net..... 1 Bottlenose dolphin,
Northern NC estuarine
system.
Bottlenose dolphin,
unknown (Southern
migratory coastal or
Southern NC estuarine
system).
Pound Net Fisheries:
VA pound net............... 20 Bottlenose dolphin,
Northern migratory
coastal.
Bottlenose dolphin,
Northern NC estuarine
system.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Gillnet Fisheries:
Caribbean gillnet.......... 127 None documented in the
most recent 5 years of
data.
DE River inshore gillnet... unknown None documented in the
most recent 5 years of
data.
Long Island Sound inshore unknown None documented in the
gillnet. most recent 5 years of
data.
RI, southern MA (to Monomoy unknown None documented in the
Island), and NY Bight most recent 5 years of
(Raritan and Lower NY data.
Bays) inshore gillnet.
Southeast Atlantic inshore unknown Bottlenose dolphin,
gillnet. Northern SC estuarine
system.
Trawl Fisheries:
[[Page 23144]]
Atlantic shellfish bottom >58 None documented.
trawl.
Gulf of Mexico butterfish 2 Bottlenose dolphin,
trawl. Northern GMX oceanic.
Bottlenose dolphin,
Northern GMX
continental shelf.
Gulf of Mexico mixed 20 None documented.
species trawl.
GA cannonball jellyfish 1 Bottlenose dolphin, SC/
trawl. GA coastal.
Marine Aquaculture Fisheries:
Finfish aquaculture........ 48 Harbor seal, WNA.
Shellfish aquaculture...... unknown None documented.
Purse Seine Fisheries:
Gulf of Maine Atlantic >7 Harbor seal, WNA.
herring purse seine.
Gulf of Maine menhaden >2 None documented.
purse seine.
FL West Coast sardine purse 10 Bottlenose dolphin,
seine. Eastern GMX coastal.
U.S. Atlantic tuna purse 5 None documented in most
seine *. recent 5 years of
data.
Longline/Hook and Line
Fisheries:
Northeast/Mid-Atlantic >1,207 None documented.
bottom longline/hook-and-
line.
Gulf of Maine, U.S. Mid- 2,846 Humpback whale, Gulf of
Atlantic tuna, shark, Maine.
swordfish hook-and-line/
harpoon.
Southeastern U.S. Atlantic, >5,000 Bottlenose dolphin, GMX
Gulf of Mexico, and continental shelf.
Caribbean snapper-grouper
and other reef fish bottom
longline/hook-and-line.
Southeastern U.S. Atlantic, 39 Bottlenose dolphin,
Gulf of Mexico shark Eastern GMX coastal.
bottom longline/hook-and- Bottlenose dolphin,
line. Northern GMX
continental shelf.
Southeastern U.S. Atlantic, 680 None documented.
Gulf of Mexico, and
Caribbean pelagic hook-and-
line/harpoon.
U.S. Atlantic, Gulf of unknown None documented.
Mexico trotline.
Trap/Pot Fisheries:
Caribbean mixed species 154 Bottlenose dolphin,
trap/pot. Puerto Rico and United
States Virgin Islands.
Caribbean spiny lobster 40 None documented.
trap/pot.
FL spiny lobster trap/pot.. 1,268 Bottlenose dolphin,
Biscayne Bay
estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, FL
Bay estuarine.
Bottlenose dolphin, FL
Keys.
Gulf of Mexico blue crab 4,113 Bottlenose dolphin,
trap/pot. Barataria Bay.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, GMX
bay, sound, estuarine.
Bottlenose dolphin,
Mississippi Sound,
Lake Borgne, Bay
Boudreau.
Bottlenose dolphin,
Mobile Bay, Bonsecour
Bay.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Western GMX coastal.
West Indian manatee,
FL.
Gulf of Mexico mixed unknown None documented.
species trap/pot.
Southeastern U.S. Atlantic, 10 None documented.
Gulf of Mexico golden crab
trap/pot.
U.S. Mid-Atlantic eel trap/ unknown None documented.
pot.
Stop Seine/Weir/Pound Net/
Floating Trap/Fyke Net
Fisheries:
Gulf of Maine herring and >1 Harbor porpoise, GME/
Atlantic mackerel stop BF.
seine/weir. Harbor seal, WNA.
Minke whale, Canadian
east coast.
Atlantic white-sided
dolphin, WNA.
U.S. Mid-Atlantic crab stop 2,600 None documented.
seine/weir.
U.S. Mid-Atlantic mixed unknown Bottlenose dolphin,
species stop seine/weir/ Northern NC estuarine
pound net (except the NC system.
roe mullet stop net).
RI floating trap........... 9 None documented.
Northeast and Mid-Atlantic unknown None documented.
fyke net.
Dredge Fisheries:
Gulf of Maine sea urchin unknown None documented.
dredge.
Gulf of Maine mussel dredge unknown None documented.
Gulf of Maine, U.S. Mid- >403 None documented.
Atlantic sea scallop
dredge.
Mid-Atlantic blue crab unknown None documented.
dredge.
Mid-Atlantic soft-shell unknown None documented.
clam dredge.
Mid-Atlantic whelk dredge.. unknown None documented.
U.S. Mid-Atlantic/Gulf of 7,000 None documented.
Mexico oyster dredge.
New England and Mid- unknown None documented.
Atlantic offshore surf
clam/quahog dredge.
Haul/Beach Seine Fisheries:
[[Page 23145]]
Caribbean haul/beach seine. 38 West Indian manatee,
Puerto Rico.
Gulf of Mexico haul/beach unknown None documented.
seine.
Southeastern U.S. Atlantic 25 None documented.
haul/beach seine.
Dive, Hand/Mechanical
Collection Fisheries:
Atlantic Ocean, Gulf of 20,000 None documented.
Mexico, Caribbean
shellfish dive, hand/
mechanical collection.
Gulf of Maine urchin dive, unknown None documented.
hand/mechanical collection.
Gulf of Mexico, Southeast unknown None documented.
Atlantic, Mid-Atlantic,
and Caribbean cast net.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
Atlantic Ocean, Gulf of 4,000 Bottlenose dolphin,
Mexico, Caribbean Barataria Bay
commercial passenger estuarine system.
fishing vessel. Bottlenose dolphin,
Biscayne Bay
estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Choctawhatchee Bay.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, FL
Bay.
Bottlenose dolphin, GMX
bay, sound, estuarine.
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville estuarine
system.
Bottlenose dolphin,
Mississippi Sound,
Lake Borgne, Bay
Boudreau.
Bottlenose dolphin,
Northern FL coastal.
Bottlenose dolphin,
Northern GA/Southern
SC estuarine.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Northern migratory
coastal.
Bottlenose dolphin,
Northern NC estuarine.
Bottlenose dolphin,
Southern migratory
coastal.
Bottlenose dolphin,
Southern NC estuarine
system.
Bottlenose dolphin, SC/
GA coastal.
Bottlenose dolphin,
Western GMX coastal.
Short-finned pilot
whale, WNA.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2:
DE--Delaware; FL--Florida; GA--Georgia; GME/BF--Gulf of Maine/Bay of
Fundy; GMX--Gulf of Mexico; MA--Massachusetts; NC--North Carolina; NY--
New York; RI--Rhode Island; SC--South Carolina; VA--Virginia; WNA--
Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this
stock, which are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of the
stock's PBR;
\2\ Fishery classified by analogy; and
* Fishery has an associated high seas component listed in Table 3.
Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
Marine mammal species
Number of and/or stocks
Fishery description HSFCA permits incidentally killed or
injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
Longline Fisheries:
Atlantic Highly Migratory 39 Atlantic spotted
Species *. dolphin, WNA.
Bottlenose dolphin,
Northern GMX oceanic.
Bottlenose dolphin, WNA
offshore.
Common dolphin, WNA.
Cuvier's beaked whale,
WNA.
False killer whale,
WNA.
Killer whale, GMX
oceanic.
Kogia spp. whale (Pygmy
or dwarf sperm whale),
WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Minke whale, Canadian
East coast.
Pantropical spotted
dolphin, WNA.
Risso's dolphin, GMX.
Risso's dolphin, WNA.
Short-finned pilot
whale, WNA.
Western Pacific Pelagic (HI 143 Bottlenose dolphin, HI
Deep-set component) * Pelagic.
[supcaret].
False killer whale, HI
Pelagic.
Humpback whale, Central
North Pacific.
Kogia spp. (Pygmy or
dwarf sperm whale),
HI.
[[Page 23146]]
Risso's dolphin, HI.
Short-finned pilot
whale, HI.
Striped dolphin, HI.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Drift Gillnet Fisheries:
Pacific Highly Migratory 5 Long-beaked common
Species * [supcaret]. dolphin, CA.
Humpback whale, CA/OR/
WA.
Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/OR/
WA.
Short-beaked common
dolphin, CA/OR/WA.
Trawl Fisheries:
Atlantic Highly Migratory 1 No information.
Species **.
CCAMLR..................... 0 Antarctic fur seal.
Purse Seine Fisheries:
Western and Central Pacific 20 Bottlenose dolphin, HI
Ocean Tuna Purse Seine. Pelagic.
Blue whale, unknown.
Bryde's whale, HI.
False killer whale, HI
Pelagic.
Fin whale, HI.
Humpback whale,
unknown.
Indo-Pacific dolphin.
Long-beaked common
dolphin, CA.
Melon-headed whale,
unknown.
Minke whale, HI.
Pantropical spotted
dolphin, unknown.
Pygmy killer whale, HI.
Risso's dolphin,
unknown.
Rough-toothed dolphin,
unknown.
Sei whale, HI.
Short-finned pilot
whale, unknown.
Sperm whale, HI.
Spinner dolphin,
unknown.
Western Pacific Pelagic.... 1 No information.
Longline Fisheries:
CCAMLR..................... 0 None documented.
South Pacific Albacore 6 No information.
Troll.
Western Pacific Pelagic (HI 11 Bottlenose dolphin, HI
Shallow-set component) * Pelagic.
[supcaret].
False killer whale, HI
Pelagic.
Fin whale, HI.
Ginkgo-toothed beaked
whale.
Guadalupe fur seal.
Humpback whale, Central
North Pacific.
Northern elephant seal,
CA breeding.
Risso's dolphin, HI.
Short-beaked common
dolphin, CA/OR/WA.
Striped dolphin, HI.
Handline/Pole and Line
Fisheries:
Atlantic Highly Migratory 1 No information.
Species.
Pacific Highly Migratory 44 No information.
Species.
South Pacific Albacore 9 No information.
Troll.
Western Pacific Pelagic.... 5 No information.
Troll Fisheries:
Atlantic Highly Migratory 0 No information.
Species.
South Pacific Albacore 20 No information.
Troll.
South Pacific Tuna 0 No information.
Fisheries **.
Western Pacific Pelagic.... 6 No information.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Longline Fisheries:
Northwest Atlantic Bottom 2 None documented.
Longline.
Pacific Highly Migratory 111 None documented in the
Species. most recent 5 years of
data.
Purse Seine Fisheries:
Pacific Highly Migratory 5 None documented.
Species * [supcaret].
Trawl Fisheries:
Northwest Atlantic......... 4 None documented.
Troll Fisheries:
[[Page 23147]]
Pacific Highly Migratory 107 None documented.
Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
CA--California; GMX--Gulf of Mexico; HI--Hawaii; OR--Oregon; WA--
Washington; WNA--Western North Atlantic;
* Fishery is an extension/component of an existing fishery operating
within U.S. waters listed in Table 1 or 2. The number of permits
listed in Table 3 represents only the number of permits for the high
seas component of the fishery;
** These gear types are not authorized under the Pacific HMS FMP (2004),
the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty
license (in the case of the South Pacific Tuna fisheries). Because
HSFCA permits are valid for 5 years, permits obtained in past years
exist in the HSFCA permit database for gear types that are now
unauthorized. Therefore, while HSFCA permits exist for these gear
types, it does not represent effort. In order to land fish species,
fishers must be using an authorized gear type. Once these permits for
unauthorized gear types expire, the permit-holder will be required to
obtain a permit for an authorized gear type; and
[supcaret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of marine mammal
species and/or stocks killed or injured in U.S. waters component of
the fishery, minus species and/or stocks that have geographic ranges
exclusively in coastal waters, because the marine mammal species and/
or stocks are also found on the high seas and the fishery remains the
same on both sides of the EEZ boundary. Therefore, the high seas
components of these fisheries pose the same risk to marine mammals as
the components of these fisheries operating in U.S. waters.
Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
Take reduction plans Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction Category I
Plan (ALWTRP)--50 CFR 229.32. Mid-Atlantic gillnet.
Northeast/Mid-Atlantic
American lobster trap/pot.
Northeast sink gillnet.
Category II
Atlantic blue crab trap/pot.
Atlantic mixed species trap/
pot.
MA mixed species trap/pot.
Northeast anchored float
gillnet.
Northeast drift gillnet.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.*
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab
trap/pot.[supcaret]
Bottlenose Dolphin Take Reduction Plan Category I
(BDTRP)--50 CFR 229.35. Mid-Atlantic gillnet.
Category II
Atlantic blue crab trap/pot.
Chesapeake Bay inshore
gillnet fishery.
Mid-Atlantic haul/beach
seine.
Mid-Atlantic menhaden purse
seine.
NC inshore gillnet.
NC long haul seine.
NC roe mullet stop net.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.
Southeastern U.S. Atlantic,
Gulf of Mexico shrimp
trawl.[supcaret]
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab
trap/pot.[supcaret]
VA pound net.
False Killer Whale Take Reduction Plan Category I
(FKWTRP)--50 CFR 229.37. HI deep-set longline.
Category II
HI shallow-set longline.
Harbor Porpoise Take Reduction Plan Category I
(HPTRP)--50 CFR 229.33 (New England) Mid-Atlantic gillnet.
and 229.34 (Mid-Atlantic).
Northeast sink gillnet.
Pelagic Longline Take Reduction Plan Category I
(PLTRP)--50 CFR 229.36.
Atlantic Ocean, Caribbean,
Gulf of Mexico large
pelagics longline.
Pacific Offshore Cetacean Take Category II
Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
drift gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction Team Category II
(ATGTRT).
Mid-Atlantic bottom trawl.
Mid-Atlantic mid-water trawl
(including pair trawl).
Northeast bottom trawl.
Northeast mid-water trawl
(including pair trawl).
------------------------------------------------------------------------
List of Symbols Used in Table 4:
* Only applicable to the portion of the fishery operating in U.S.
waters; and
[supcaret] Only applicable to the portion of the fishery operating in
the Atlantic Ocean.
[[Page 23148]]
Classification
The Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this rule would not have a significant
economic impact on a substantial number of small entities. No comments
were received on that certification, and no new information has been
discovered to change that conclusion. Accordingly, no regulatory
flexibility analysis is required, and none has been prepared.
This rule contains existing collection-of-information (COI)
requirements subject to the Paperwork Reduction Act and would not
impose additional or new COI requirements. The COI for the registration
of individuals under the MMPA has been approved by the OMB under OMB
Control Number 0648-0293 (0.15 hours per report for new registrants).
The requirement for reporting marine mammal mortalities or injuries has
been approved by OMB under OMB Control Number 0648-0292 (0.15 hours per
report). These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the COI. Send comments regarding
these reporting burden estimates or any other aspect of the COI,
including suggestions for reducing burden, to NMFS (see ADDRESSES). You
may also submit comments on these or any other aspects of the
collection of information at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with a COI, subject to the requirements of the Paperwork
Reduction Act, unless that COI displays a currently valid OMB control
number.
This rule has been determined to be not significant for the
purposes of Executive Orders 12866 and 13563.
In accordance with the Companion Manual for NOAA Administrative
Order (NAO) 216-6A, NMFS determined that publishing this LOF qualifies
to be categorically excluded from further NEPA review, consistent with
categories of activities identified in Categorical Exclusion G7
(``Preparation of policy directives, rules, regulations, and guidelines
of an administrative, financial, legal, technical, or procedural
nature, or for which the environmental effects are too broad,
speculative or conjectural to lend themselves to meaningful analysis
and will be subject later to the NEPA process, either collectively or
on a case-by-case basis'') of the Companion Manual and we have not
identified any extraordinary circumstances listed in Chapter 4 of the
Companion Manual for NAO 216-6A that would preclude application of this
categorical exclusion. If NMFS takes a management action, for example,
through the development of a TRP, NMFS would first prepare an
Environmental Impact Statement or Environmental Assessment, as required
under NEPA, specific to that action.
This rule would not affect species listed as threatened or
endangered under the ESA or their associated critical habitat. The
impacts of numerous fisheries have been analyzed in various biological
opinions, and this rule will not affect the conclusions of those
opinions. The classification of fisheries on the LOF is not considered
to be a management action that would adversely affect threatened or
endangered species. If NMFS takes a management action, for example,
through the development of a TRP, NMFS would consult under ESA section
7 on that action.
This rule would have no adverse impacts on marine mammals and may
have a positive impact on marine mammals by improving knowledge of
marine mammals and the fisheries interacting with marine mammals
through information collected from observer programs, stranding and
sighting data, or take reduction teams.
This rule would not affect the land or water uses or natural
resources of the coastal zone, as specified under section 307 of the
Coastal Zone Management Act.
References
Baird, R.W. 2016. The lives of Hawai`i's dolphins and whales:
natural history and conservation. University of Hawai`i Press,
Honolulu.
Baird, R.W., and D.L. Webster. 2020. Using dolphins to catch tuna:
Assessment of associations between pantropical spotted dolphins and
yellowfin tuna hook and line fisheries in Hawai`i. Fisheries
Research. 230. (2020):105652.
Carretta, J.V., E. Oleson, K.A. Forney, J. Baker, J.E. Moore, D.W.
Weller, A.R. Lang, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S.
Lowry, J. Barlow, D. Lynch, L. Carswell, and R.L. Brownell Jr. 2021.
U.S. Pacific Marine Mammal Stock Assessments: 2020. U.S. Department
of Commerce, NOAA Technical Memorandum NMFS-SWFSC-646. 394 p.
Muto, M.M., V.T. Helker, B.J. Delean, N.C. Young, J.C. Freed R.P.
Angliss, P.L. Boveng, J.M. Breiwick, B.M. Brost, M.F. Cameron, P.J.
Clapham, J.L. Crance, S.P. Dahle, M.E. Dahlheim, B.S. Fadely, M.C.
Ferguson, L.W. Fritz, K.T. Goetz, R.C. Hobbs, Y.V. Ivashchenko, A.S.
Kennedy, J.M. London, S.A. Mizroch, R.R. Ream, E.L. Richmond, K.E.W.
Shelden, K.L. Sweeney, R.G. Towell, P.R. Wade, J.M. Waite, and
Alexandre N. Zerbini. 2021. Alaska Marine Mammal Stock Assessments
2020. U.S. Department of Commerce, NOAA Tech. Memo. NMFS-AFSC-421.
398 p.
National Marine Fisheries Service (NMFS). 2020. National Marine
Fisheries Service Procedure 02-204-02: Criteria for Determining
Negligible Impact under MMPA Section 101(a)(5)(E). 20 p. Available
online: <a href="https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives">https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives</a>.
Dated: April 12, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-08210 Filed 4-18-22; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.